Madras High Court
Veeramani vs The Dean on 13 December, 2021
W.P(MD)No.5479 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.5479 of 2020
& WMP(MD)Nos.4781 & 4783 of 2021
Veeramani ... Petitioner
Vs.
The Dean,
K.A.P.V.Government Medical College,
Tiruchirappalli,
Tiruchirappalli District. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order bearing Na.Ka.No.6084/Ni3/2019 dated
20.06.2019 on the file of the respondent and quash the same and consequently
direct the respondent to reinstate the petitioner into service with all
consequential monetary and service benefits.
For Petitioner : Mr.K.Samidurai
For Respondent : Mr.P.T.Thiraviam, GA
ORDER
Heard Mr.K.Samidurai, learned counsel appearing for the petitioner and
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W.P(MD)No.5479 of 2020
Mr.P.T.Thiraviam, learned Government Advocate appearing for the respondent.
2.This Writ Petition has been filed seeking for issuance of a
Certiorarified Mandamus, to call for the records relating to the impugned order
bearing Na.Ka.No.6084/Ni3/2019 dated 20.06.2019 on the file of the
respondent and quash the same and consequently direct the respondent to
reinstate the petitioner into service with all consequential monetary and service
benefits.
3.By consent of both parties, this writ petition is taken up for final
disposal at the admission stage itself.
4. The petitioner was placed under suspension vide proceedings dated
20.06.2019 by the respondent, pursuant to his involvement in a criminal case
and remanded to judicial custody. The grievance of the petitioner is that he has
been placed under suspension for the past 2 ½ years and no charge memo was
issued and no reasons were assigned for continuing his suspension. In such
circumstances, the petitioner made a representation dated 27.02.2020, seeking
to revoke the suspension order, which evoked no response. Hence the Writ
Petition.
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W.P(MD)No.5479 of 2020
5. The petitioner has filed this writ petition primarily relying on the
judgment of the Hon'ble Supreme Court in “Ajay Kumar Choudhary Vs.
Union of India” reported in (2015) 7 SCC 291, wherein the Hon'ble Supreme
Court has deprecated prolonged periods of suspension, having observed as
under:
"11. Suspension, specially preceding the formulation of
charges, is essentially transitory or temporary in nature, and
must perforce be of short duration. If it is for an indeterminate
period or if its renewal is not based on sound reasoning
contemporaneously available on the record, this would render
it punitive in nature. Departmental/disciplinary proceedings
invariably commence with delay, are plagued with
procrastination prior and post the drawing up of the
memorandum of charges, and eventually culminate after even
longer delay.”
6.A Division Bench of this Court also in the case of “Ambigapathy, P.S.
Vs. The Director of Public Health & Preventive Medicine” [1991 Writ L.R.
273], has held that the prolonged suspension is unreasonable and without any
justification. It has been observed that if the charge memo / Charge sheet is not
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W.P(MD)No.5479 of 2020
served in departmental disciplinary inquiries within a period of three months,
the suspension should not extend beyond the said period. If the memorandum
of charges is served, a reasoned order must be passed for the extension of
suspension.
7.In this case, though the petitioner is under suspension for 2 ½ years, no
charge memo is issued. In view of the above, the impugned order of
suspension bearing Na.Ka.No.6084/Ni3/2019 dated 20.06.2019 is set aside
with a liberty to the respondent to issue the charge memo forth with and to
proceed with the departmental proceedings as expeditiously as possible. If the
respondent decides it is just and necessary to place him under suspension,
pending the enquiry, it is open to the respondent to pass fresh orders assigning
the reasons for invoking suspension.
8.Accordingly, the Writ Petition is disposed of. No costs. Consequently,
connected miscellaneous petitions are closed.
13.12.2021
Index : Yes / No
Internet : Yes/ No
dn
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5479 of 2020
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To:
The Dean,
K.A.P.V.Government Medical College,
Tiruchirappalli,
Tiruchirappalli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5479 of 2020
B.PUGALENDHI, J.
dn
W.P(MD)No.5479 of 2020
13.12.2021
https://www.mhc.tn.gov.in/judis
