Government servants placed under prolonged suspension for criminal charges are entitled to a periodic review of their suspension status by the competent authority in adherence to government guidelines, ensuring that suspension is not continued indefinitely without valid reasons or work extraction.

O R D E R

Ms.K.Porkodi, learned counsel for the Government, takes notice for the respondents.

2. With the consent of both sides, this writ petition is disposed of at the admission stage.

3. Heard the learned counsel for the petitioner and the learned counsel for the Government appearing for the respondents.

4. This writ petition has been filed aggrieved by the impugned order dated 05.01.2023, passed by the second respondent, whereby the petitioner was placed under suspension consequent upon his involvement in a vigilance case in Crime No.01 of 2023 under Section 7(a) of the Prevention of Corruption Act, 1988.

5. The said criminal case is still pending for trial. Aggrieved by the continued prolonged suspension, the petitioner has approached this Court by filing the present writ petition.

6. Learned counsel for the Government appearing for the respondents, on instructions, submitted that the orders of suspension issued against the petitioner are required to be reviewed in the light of the Government Order issued in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022.

7. Learned counsel for the petitioner also submitted that in the light of Paragraph No.11 of the said Government Order, the orders of suspension are required to be reviewed.

8. In the light of the above, this Court is of the considered view that it would be appropriate to dispose of this writ petition directing the second respondent to review the orders of suspension duly taking into consideration the guidelines issued under the said Government Order. It would be appropriate to extract the relevant portion of the said Government Order hereunder:

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.

(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 fell 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 initial report referred to in item (iv) above, r