Direction to review suspension of government servant under guidelines of G.O.(Ms.)No.81 para 11 and decide within stipulated time.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/04/2026 CORAM THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR C.Ramaraj ... Petitioner Vs

1. The Director, Tamil Nadu Survey and Settlement Department, Survey House, Chepauk, Chennai 600 005.

2. The Assistant Director and P.A to Collector, Survey and Land Records, Collector Office Road, Madurai 625 020.

3. The Tahsildar, Thirupparankundram Taluk, Madurai. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS directing the second respondent to revoke the order of suspension passed in his proceedings No. Roc.A4/2115/2025 dated 28.04.2025 and thereby reinstate him in service as Firka Surveyor in any non-sensitive Village of Thirupparankundram Taluk, Madurai District in the light of the Clause-11(XI) of G.O.Ms.No.81 Human Resources Management (N) Department dated 04.08.2022 and based on the petitioner representation dated 06.12.2025 within the time limit stipulated by this Court.

For Petitioner : Mr.G.Thalaimuthurasu For Respondents : Mr.B.Ramanathan, Additional Government Pleader ORDER Heard the learned counsel for the petitioner and Mr.B.Ramanathan, learned Additional Government Pleader appearing for the respondents.

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

3. The petitioner herein, while working as Firka Surveyor, involved in a criminal case, which was registered in Crime No.5 of 2025 for the offences punishable under Section 7 of the Prevention of Corruption Act, 1988 as amended by Act 20 of 2018 on 24.04.2025 and he was arrested and remanded to judicial custody. In the light of the same, the petitioner was placed under suspension through proceedings bearing Roc.A4/2115/2025 dated 28.04.2025. As the petitioner was continued under suspension for a prolonged period, the petitioner claimed to have submitted a representation dated 06.12.2025 requesting for revocation of suspension and reinstatement into service in the light of orders issued in G.O.(Ms.)No.

81, Human Resources Management(N) Department dated 04.08.2022. As the same was not considered by the respondents, the petitioner approached this Court by filing the present writ petition.

4. Mr.B.Ramanathan, learned Additional Government Pleader fairly submits that the orders of suspension issued against the petitioner is required to be reviewed by the second respondent in the light of the guidelines issued in G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022.

5. The Government issued certain guidelines for review in G.O.

(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022 in the matter of prolonged suspension and conclusion of the disciplinary proceedings in paragraph No.11, which is extracted herein 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 perio