Government must periodically review suspension orders per guidelines to avoid indefinite suspension without justification.

ORDER

Heard the learned counsel for the petitioner and Mr.Om Prakash, learned Government Advocate for the respondents.

2. By consent of both the parties, this writ putation is disposed of at the admission stage.

3. The petitioner, while working as Village Assistant at (Nagachi Group), Taluk office, Paramakudi, Ramanathapuram District, he was placed under suspension through the proceedings No. A5/1577/2025 Dated 21.03.2025 as he was involved in Vigilance and Anti-corruption case and was also remanded to judicial custody. According to the learned counsel for the petitioner, the said suspension order has not been reviewed even after a lapse of about a year. By relying on the Government Order in G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022, the learned counsel for the petitioner submitted that the respondents are under obligation to review the order of suspension in terms of the guidelines framed in the above Government Order.

4. The learned Government Advocate fairly submitted that the case of the petitioner is required to be reviewed by the respondents in the light of the guidelines issued in G.O.(Ms.)No.81 dated 04.08.2022.

5. The Government laid down detailed guidelines at paragraph

11 in G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022, which reads as under:

“11. The Government, after careful examination, reiterates the guidelines issued in the Government Order second read above with slight modification as follows:-

(i) The power of ordering suspension should be exercised carefully and with restraint. Before a suspension order is issued, the authority concemed must be clear in mind that it is necessary, Prolonged suspension means that Government pays a Government Servant without extracting any work from him. In view of the above position, the suspension should not be resorted to unless the concerned authority has considered all the relevant factors and recorded his reasoned conclusion that it is in the public interest to place the Government Servant under suspension.

(ii) Where a Government Servant has been suspended on disciplinary proceedings contemplated, such proceedings should be initiated immediately and finalized normally within a period of six months.

(iii) In cases, where a Government Servant has been suspended and the matter has been referred for investigation to the Director of Vigilance and Anti- Corruption for enquiry, the latter should complete the enquiry and send the report to Government through the Vigilance Commission within one year (iv) In respect of cases referred to under items (ii) and (iii) above, the authority who ordered the suspension or the Director of Vigilance and Anti-Corruption, as the case may be, should, before the expiry of the period of three months, report the matter to the Head of the Department/Government, indicating the progress of the disciplinary action/investigation by the Director of Vigilance and Anti-Corruption, the reasons for non completion of the work and the further time required for completing the disciplinary action / investigation and furnish reasons for continuing the suspension, if continued suspension is felt essential. If the authority which Initiated action in the first instance is the Head of the Department, the report has to be sent to Government.

(v) After the initial report referred to in item (iv) above, reports should be sent to Government at the end of every three months, indicating the further progress, so as to enable the Government to review the suspension and the progress of the case, for such action as may be necessary to ensure expeditious disposal.

(vi) The Head of the Department or the Government as the case may be, will examine the cases with reference to the subject matter of the disciplinary action/in