Madras High Court
K.Kali vs The Secretary on 3 March, 2023
W.P.No.6852 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.6852 of 2023
and
W.M.P.Nos.6956 & 6957 of 2023
K.Kali ...Petitioner
Vs
1.The Secretary,
Government of Tamil Nadu,
Department of Revenue,
Fort St. George, Chennai - 600 009.
2.The District Collector,
Kancheepuram District.
3.The Revenue Divisional Officer,
Madhuranthagam Division,
Madhuranthagam,
Kancheepuram District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus, calling for the records
of the 3rd respondent in RC.No.3661/2019/B dated 28.11.2019 and quash
the same and consequently direct the respondents to reinstate the
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W.P.No.6852 of 2023
petitioner in any non-sensitive post and by following the judgment of the
Hon'ble Apex Court in Ajay Kumar Choudhary case reported in (2015) 7
SCC 291.
For Petitioner : Ms.A.Pramila
For Respondents : Mr.R.U.Dinesh Raj Kumar,
Additional Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up
for final disposal at the stage of admission itself.
2. On the ground of prolonged suspension, the petitioner seeks for
interference to the suspension order through the present Writ Petition.
3. The Hon’ble Supreme Court, in the case of Ajay Kumar
Choudhary v. Union of India, reported in (2015) 7 SCC 291, had set
certain guidelines with regard to prolonged suspension. On a reference
made by me, the Hon'ble Full Bench of this Court, in the case of
P.Kannan Vs. Commissioner of Municipal Administration and others
reported in (2022) 2 CTC 353, had held that the judgement of the Apex
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W.P.No.6852 of 2023
Court, in the case of Ajay Kumar Choudhary (supra), does not lay down
an absolute proposition of law that an order of suspension cannot be
continued beyond the period of three months on the circumstances
mentioned therein and that the order of suspension should be analysed on
the facts of each case, considering the gravity of charges and the Rules
applicable. It was further held that the revocation of the suspension with
a direction to the employer to post the delinquent in a non-sensitive post,
as held in Ajay Kumar Choudhary's case (supra), also cannot be
endorsed or directed as a matter of course.
4. In line with the orders passed by the Hon'ble Supreme Court, as
well as the Hon'ble Full Bench of this Court, the Government, in
G.O.(Ms) No.81, Human Resources Management (N) Department, dated
04.08.2022, had stipulated a compendium of instructions for review of
suspension orders in matter which are pending enquiry into grave
charges.
5. On consideration of these instructions in G.O.(Ms) No.81, this
Court is of the view that the respondents herein could be directed to
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W.P.No.6852 of 2023
review the order of suspension, in accordance with the guidelines issued
thereunder.
6. In the light of the above findings, there shall be a direction to
the respondents herein to consider the petitioner's representation dated
05.08.2020, seeking for revocation of the suspension order, in
accordance with the instructions issued by the Government in
G.O.(Ms).No.81, dated 04.08.2022, and pass appropriate orders, within a
period of two weeks from the date of receipt of a copy this order.
7. Accordingly, the Writ Petition stands disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
03.03.2023
Index:Yes/No
Neutral Citation:Yes/No
Speaking order/Non-speaking order
hvk
https://www.mhc.tn.gov.in/judis
W.P.No.6852 of 2023
To
1.The Secretary,
Government of Tamil Nadu,
Department of Revenue,
Fort St. George, Chennai - 600 009.
2.The District Collector,
Kancheepuram District.
3.The Revenue Divisional Officer,
Madhuranthagam Division,
Madhuranthagam,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.6852 of 2023
M.S.RAMESH,J.
hvk
W.P.No.6852 of 2023
03.03.2023
https://www.mhc.tn.gov.in/judis
