Mandatory review and potential revocation of prolonged government servant suspensions under G.O.Ms.No.81, allowing non-sensitive posting in pending vigilance cases.

ORDER

Heard the learned counsel for the petitioner and Mr.B.Ramanathan, learned Additional Government Pleader for respondents.

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

3. This writ petition has been filed aggrieved by the impugned order dated 12.09.2025, whereby the petitioner is placed under suspension consequent upon his involvement in Crime No.13 of 2025 on the file of the Inspector of Vigilance and Anti-corruption Department, dated 10.09.2025. The petitioner was also arrested in the said criminal case and subsequently, he was released on bail.

4. The grievance of the petitioner in the present writ petition is that the suspension order issued as early as on 12.09.2025 is not being reviewed by the respondents in spite of mandatory orders issued by the Government in G.O.(Ms.)No.81,Human Resources Management(N) Department dated 04.08.2022. The learned counsel for the petitioner prays for appropriate directions to the respondents to consider the case of the petitioner in terms of the orders issued in G.O.(Ms.)No.81, Human Resourced Management(N) Department dated

04.08.2022.

5. Mr.B.Ramanathan, learned Additional Government Pleader appearing for the respondents fairly submitted that the second respondent would consider the case of the petitioner for revocation of suspension by duly considering the representation dated 14.02.2026 in the light of the orders issued by the Government from time to time .

6. In terms of G.O.(Ms.)No.81, Human Resourced Management(N) Department dated 04.08.2022, it is obligatory on the part of the second respondent to review the orders of suspension dated 12.09.2025. Paragraph No.11 in the said Government Order 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