J.Venugopal vs The Secretary To Government
2021 Latest Caselaw 1434 Mad

                                                                               W.A.No.27 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED:    21.01.2021

                                                         CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                             AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                     W.A.No.27 of 2021

                     J.Venugopal                                             .. Appellant

                                                             Vs

                     1. The Secretary to Government
                        Municipal Administration and Water Supply
                        Department, Secretariat
                        Chennai – 600 009.

                     2. The Commissioner
                        Chennai City Municipal Corporation
                        Ripon Building
                        Chennai – 600 003.                                   .. Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 6.10.2020 in W.P.No.13973 of 2020 passed by the learned
                     Single Judge.


                                    For Appellant             : Mr.S.N.Ravichandran

                                    For Respondents           : Mr.K.S.Suresh
                                                                Government Advocate
                                                                for 1st respondent


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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis/
                                                                                       W.A.No.27 of 2021



                                                          JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The grievance of the writ petitioner-appellant is that merely

two days prior to his date of superannuation, and on the basis of an

audit objection, the writ petitioner was placed on suspension. The

writ petitioner contends that at a subsequent stage upon

appropriate clarifications being issued, the audit objection was no

longer relevant but the petitioner's pensionary and other dues have

not been cleared.

2. An order of suspension can never be indefinite. In

particular, when an order of suspension is made barely two days

prior to the employee's scheduled date of retirement, disciplinary

proceedings must immediately follow or a call taken whether to

continue with the suspension. In this case, the indefinite order of

suspension has continued far too long.

3. Without going into any controversy as to whether the

queries raised by the audit have been appropriately answered or

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https://www.mhc.tn.gov.in/judis/ W.A.No.27 of 2021

not, the respondent employer is directed to pass a speaking order

within four weeks from date as to whether the suspension of the

writ petitioner continues or not. If the suspension continues,

cogent grounds need to be indicated of the act of indiscipline on the

part of the writ petitioner. If no grounds on such score exist, the

writ petitioner must be discharged from suspension and the rightful

dues of the writ petitioner must be cleared without undue delay.

W.A.No.27 of 2021 is disposed of by modifying the judgment

and order impugned as indicated above. There will be no order as

to costs. Consequently, C.M.P.No.429 of 2021 is closed.

                                                               (S.B., CJ.)      (S.K.R., J.)
                                                                         21.01.2021

                     Index : No
                     sasi




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https://www.mhc.tn.gov.in/judis/ W.A.No.27 of 2021

To:

1. The Secretary to Government Municipal Administration and Water Supply Department, Secretariat Chennai – 600 009.

2. The Commissioner Chennai City Municipal Corporation Ripon Building Chennai – 600 003.

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https://www.mhc.tn.gov.in/judis/ W.A.No.27 of 2021

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

(sasi)

W.A.No.27 of 2021

21.01.2021

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https://www.mhc.tn.gov.in/judis/