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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Government of Tamil Nadu – Appellant
Versus
K.Sambathkumar – Respondent
| Table of Content |
|---|
| 1. suspension order arising from vigilance trap and prolonged remand (Para 1 , 2) |
| 2. applicability of full bench ruling on prolonged suspension (Para 3) |
| 3. balancing prolonged suspension against public-fund considerations (Para 5 , 6) |
(Judgment of the Court was made by N.SATHISH KUMAR, J.)
Challenging the order of the learned Single Judge in setting aside the suspension order dated 07.06.2024 and directing to re-instate the respondent into service and post him in some non-sensitive post, this writ appeal has been filed by the Government.
2. The respondent / writ petitioner while working as Assistant Engineer (Civil), was arrested in a trap case on 12.04.2024 by the Vigilance and Anti-Corruption Wing and remanded to judicial custody. Pursuant to the remand exceeding 48 hours, he was placed under suspension by order dated 07.06.2024 with effect from 12.04.2024. As the respondent was in prolonged suspension, he challenged the suspension order by way of writ petition relying upon G.O.Ms.No.81 Human Resources Management (N) Department, dated 04.08.2022. The learned Single Judge, taking note of the judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary Vs Union of Indi
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