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2026 Supreme(Online)(Mad) 42723

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


W.P.(MD) No.10952 of 2026


DATED : 20.04.2026


THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


Sathish Kumar ... Petitioner

Vs.

1.The District Collector, Pudukkottai,

Pudukkottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai,

Pudukkottai District.

3.The Tahsildar, Avudaiyar Kovil Taluk,

Aranthangi, Pudukkottai District. ... Respondents


For Petitioner : Mr.M.Mathavan

For Respondents : Mr.S.Shaji Bino Special Government Pleader

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 10.01.2026 in terms of circular in Letter No.13519/N/2015-1 dated 23.07.2015, batch of Writ Petitions' order passed by this Court in W.P.Nos.2436, 2471, 2570, 2572 and 2799 of 2011 and 29195 of 2010 and 5206 of 2011 dated 02.07.2012 and W.P.No.18982 of 2021 dated 09.09.2021 and W.P.No.2820 of 2023 dated 03.02.2023 and W.P.No.25050 of 2024 dated 02.09.2024 to post the petitioner in a far away place from the station of occurrence and post him in non-sensitive post and dispose the representation within the stipulated time fixed by this Court.

O R D E R

This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents to consider the petitioner’s representation dated 10.01.2026, in terms of the circular issued in Letter No.13519/N/2015-1 dated 23.07.2015 and in the light of the orders passed by this Court in W.P.Nos.2436, 2471, 2570, 2572 and 2799 of 2011, 29195 of 2010 and 5206 of 2011 dated 02.07.2012, as well as W.P.No. 18982 of 2021 dated 09.09.2021, W.P.No.2820 of 2023 dated 03.02.2023, and W.P.No.25050 of 2024 dated 02.09.2024 and consequently to post the petitioner in a place far away from the station of occurrence, in a non- sensitive post and to dispose of the said representation within the time stipulated by this Court.

2. The petitioner herein, while working as a Village Administrative Officer at Ponnamangalam, Avudaiyar Kovil Taluk, Pudukkottai District, was involved in a Vigilance and Anti-Corruption case under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018, vide Crime No.4 of 2024. Consequently, the petitioner was arrested and thereafter remanded to judicial custody. In the light of the same, the petitioner was placed under suspension by proceedings dated 22.08.2024 and continues to remain under suspension as on date.

3. The grievance of the petitioner in the present Writ Petition is that in view of the prolonged suspension, the petitioner submitted a representation dated 10.01.2026 seeking review and reconsideration of the order of suspension. However, the said representation has remained unattended. Hence, the petitioner has approached this Court by filing the present Writ Petition, complaining of inaction on the part of the respondents.

4. Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents, fairly submitted that the order of suspension is required to be reviewed in terms of G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022 and that appropriate orders will be passed in this regard.

5. In the light of the above, without going into the merits of the case, this Writ Petition is disposed of at the admission stage itself with the consent of both parties.

6. Through G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, the Government has laid down certain guidelines and provided for the review of suspension from time to time based on the facts and circumstances of each case, in the interest of the State as well as the respective employees, in paragraph 11 of the said G.O., 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 concerned 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.

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