Madras High Court
S.Selvendiran vs State Of Tamil Nadu on 25 March, 2022
W.P.No.6947 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.6947 of 2021
S.Selvendiran .. Petitioner
vs.
1.State of Tamil Nadu,
Rep by its Principal Secretary,
Personnel and Administrative Reforms (N) Department,
Fort St.George, Chennai-600 009.
2.Deputy General of Police / IG of Prison,
Prison and Correction Department,
Egmore, Chennai-600 008.
3.Deputy Inspector General of Prison,
Vellore Range, Vellore-632 002.
4.The Superintendent,
Central Prison, Cuddalore District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents 2 to 4
to consider the petitioner's representation dated 03.09.2020 to revoke the
order of suspension dated 03.02.2019 passed by the fourth respondent by his
proceedings No.2492/G1/2019 and reinstate the petitioner in service in the
light of the decision of the Hon'ble Apex Court in Any Kumar Choudary's and
in Circular Letter No.13519/N/2015-1 dated 23.07.2015 issued by the first
respondent.
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W.P.No.6947 of 2021
For Petitioner : Mr.S.Vinoth Kumar
For Respondent : Mr.Haja Nazirudeen,
Additional Advocate General
for Mrs.S.Anitha, Special Govt. Pleader
ORDER
The prayer in the writ petition is for a Mandamus directing the
respondents 2 to 4 to consider the petitioner's representation dated
03.09.2020 to revoke the order of suspension dated 03.02.2019 passed by the
fourth respondent by his proceedings No.2492/G1/2019 and reinstate the
petitioner in service in the light of the decision of the Hon'ble Apex Court in
Any Kumar Choudary and in Circular Letter No.13519/N/2015-1 dated
23.07.2015 issued by the first respondent.
2. The grievance of the petitioner is that he was suspended as early as
on 03.02.2019 and thereafter two years had passed and even now, no charge
sheet has been filed and hence, the petitioner has made a representation to the
respondents 2 and 4 to revoke the order of suspension and reinstate him in
service and since the representation submitted by the petitioner did not evoke
any kind of response, the petitioner has filed the present writ petition.
3. The learned counsel for the petitioner submits that the petitioner is
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W.P.No.6947 of 2021
kept under prolonged suspension for nearly two years and therefore, prays for
appropriate orders.
4. On a reference made to the two conflicting judgments rendered by
the Division Benches of this Court on a challenge to the order of suspension,
the Hon'ble Full Bench of this Court in W.P.Nos.2165 of 2015 and 21628 of
2018 dated 15.03.2022, has answered as under:
(i) The judgment of the Apex Court in the case of Ajay
Kumar Choudhary, supra, does not lay down absolute
proposition of law that an order of suspension cannot be
continued beyond the period of three months if the
memorandum of charges / charge-sheet has not been served
within three months, or if memorandum of charges/charge
-sheet is served without reasoned order of extension.
(ii) The judgment in R.Balaji, supra, has no reference to
the earlier judgments of co-equal strength and is thereby
rendered per incuriam.
(iii) The issue of challenge to the order of suspension
should be analyzed on the facts of each case, considering the
gravity of the charges and the rules applicable.
(iv) Revocation of suspension with a direction to the
employer to post the delinquent in a non-sensitive post cannot
be endorsed or directed as a matter of course. It has to be based
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W.P.No.6947 of 2021
on the facts of each case and after noticing the reason for the
delay in serving the memorandum of charges/charge-sheet.
5. The learned Additional Advocate General for the respondents
submitted that the representation submitted by the petitioner for revocation of
the suspension order will be considered by the authorities concerned.
6. In view of the above, this Court directs the respondent to consider
the petitioner's representation dated 03.09.2020 seeking revocation of the
suspension order and pass orders on merits and in accordance with law
within a period of twelve weeks from the date of receipt of a copy of this
order.
7. With the above direction, this Writ Petition stands disposed of. No
costs.
25.03.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
1.The Principal Secretary,
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W.P.No.6947 of 2021
State of Tamil Nadu,
Personnel and Administrative Reforms (N) Department,
Fort St.George, Chennai-600 009.
2.Deputy General of Police / IG of Prison,
Prison and Correction Department,
Egmore, Chennai-600 008.
3.Deputy Inspector General of Prison,
Vellore Range, Vellore-632 002.
4.The Superintendent,
Central Prison, Cuddalore District.
D.KRISHNAKUMAR. J
https://www.mhc.tn.gov.in/judis
W.P.No.6947 of 2021
Jvm
W.P.No.6947 of 2021
25.03.2022
https://www.mhc.tn.gov.in/judis
