Madras High Court
The Executive Officer vs C.Tamil Selvan on 5 January, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar, R.Vijayakumar
W.A.(MD) No.1005 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD) No.1005 of 2021
and
C.M.P.(MD) No.4546 of 2021
The Executive Officer
Selection Grade Town Panchayat
Srivaikundam
Thoothukudi District ... Appellant
-vs-
C.Tamil Selvan ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 02.09.2020, passed in W.P.(MD) No.10744 of 2020, on the file of
this Court.
For Appellant : Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Mr.G.Thalaimutharasu
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W.A.(MD) No.1005 of 2021
JUDGMENT
[Judgment of the Court was made by D.KRISHNAKUMAR, J.]
This writ appeal is directed against the order of the learned Single
Judge, dated 02.09.2020, passed in W.P.(MD) No.10744 of 2020.
2. The respondent / writ petitioner was working as an Electrician
in the appellant Town Panchayat. While so, in connection with a criminal case
in Crime No.169 of 2016, on the file of Navi Mumbai (MS) Police Station at
Maharashtra, the respondent was arrested on 16.09.2016 and he was in
judicial custody. On account of registration of a criminal case, the respondent
was suspended from service with effect from 16.09.2016. Challenging the said
suspension order and seeking for revocation of the suspension order, the
respondent filed the writ petition by relying upon the decision of the
Honourable Supreme Court in the case of Ajay Kumar Choudhary vs. Union
of India, reported in 2015 (7) SCC 291. The learned Single Judge, by order
dated 02.09.2020, quashed the suspension order and remanded the matter
back to the file of the authority concerned for fresh consideration.
Challenging the same, the present writ appeal has been preferred.
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3. At the outset, it is to be noted that the Full Bench of this Court
in the case of P.Kannan vs. Commissioner of Municipal Administration
and others, reported in (2022) 2 CTC 353, has held that the decision in the
case of Ajay Kumar Choudhary (cited supra) does not lay down absolute
proposition of law that suspension order cannot be continued beyond the
period of three months on the circumstances mentioned therein and that the
order of suspension should be analyzed on the facts of each case, considering
the gravity of the charges and the relevant Rules. The Full Court has further
held that revocation of suspension with a direction to the employer to post the
delinquent employee in a non-sensitive post cannot be directed as a matter of
course.
4. Pursuant to the above orders passed by the Honourable
Supreme Court as well as the Full Bench of this Court, the Government issued
G.O.(Ms) No.81, Human Resources Management (N) Department, dated
04.08.2022, stipulating a compendium of instructions for review of
suspension orders, which are pending enquiry into grave charges. In such
circumstances, we are of the view that the order passed by the learned Single
Judge does not warrant interference of this Court.
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5. However, the appellant is directed to consider the case of the
respondent in the light of the above cited decisions and pass orders on merits
and in accordance with law, within a period of four weeks from the date of
receipt of a copy of this order. It is needless to state that the appellant shall
also take into consideration the fact that the alleged occurrence, for which the
criminal case was registered against the respondent, was taken place outside
the employment.
6. With the above direction, this writ appeal is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.]
05.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Executive Officer,
Selection Grade Town Panchayat,
Srivaikundam,
Thoothukudi District.
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https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
krk
and
05.01.2024
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https://www.mhc.tn.gov.in/judis
