Madras High Court
E.Sasikumar vs The Chief Engineer on 25 October, 2024
Author: D. Krishnakumar
Bench: D. Krishnakumar
WA No.3115 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM:
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
WA No.3115 of 2024
E.Sasikumar ... Appellant
versus
1.The Chief Engineer,
Tamil Nadu Generation and Distribution Corporation
Limited,
Manjakkupam,
Cuddalore,
Cuddalore District.
2.The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation
Limited,
Office of the Superintending Engineer,
Cuddalore Electricity Distribution Circle,
Capper Hills/Cuddalore-4.
3.The Inspector of Police,
Vigilance and Anti-Corruption Department,
Cuddalore,
1/7
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WA No.3115 of 2024
Cuddalore District. ...Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge
in WP No.16619 of 2023 dated 25.03.2024.
For the Appellant :Mr.R.Naresh Kumar
For the Respondents :Mr.P.Subramanian
Standing Counsel
for TNEB
for respondents 1 and 2
Mr.R.Muniyapparaj
Additional Public Prosecutor
for third respondent.
JUDGMENT
( Delivered by D. KRISHNAKUMAR, J.)
This Writ Appeal is filed against the order of the learned Single Judge
in WP No.16619 of 2023 dated 25.03.2024.
2. By consent of parties, this writ appeal is taken up for final disposal.
3. Learned Standing Counsel for the respondent Board stated before
this Court that the appellant was placed under suspension based on the
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charges leveled as against the appellant under Section 7 of the Prevention of
Corruption Act, 2018, in Crime No.1 of 2023 dated 04.01.2023. Further,
charges have also been framed against the appellant under Rule 17 (b) of the
Tamil Nadu Civil Service (Discipline and Appeal) Rules.
4. Learned counsel for the appellant submits that the appellant is
placed under prolonged suspension and therefore, he made a representation
dated 10.05.2023 to the authority concerned for revocation of suspension
and the same is pending till date.
5. At this juncture, we make it clear that we are not going into the
merits of the case. We are only considering G.O.(Ms).No.81, Human
Resources Management (N) Department dated 04.08.2022. The relevant
portion of the said Government Order is extracted hereunder:
10.Further, the inordinate delay in
completion of departmental proceedings on the
part of the Department concerned has attracted
adverse comments from the Hon'ble High Court of
Madras in Writ Appeal No.646 of 2021. In the
said Writ Appeal, the Hon'ble High Court of
Madras in its judgment dated 15.09.2021 fifth
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read above has directed the Government to take
appropriate action in prescribing outer time
within which each and every stage of hte
departmental proceeding has to be crossed.
11. The Government, after careful
examination, reiterates the guidelines issued in
the Government Order second read above with
slight modification as follows:
i) The power of ordering suspension should
be exercised carefully and with restraint. Before a
suspension order is issued, the authority
concerned must be clear in mind that it is
necessary. Prolonged suspension means that
Government pays a Government Servant without
extracting any work from him. In view of the
above position, the suspension should not be
resorted to unless the concerned authority has
considered all the relevant factors and recorded
his reasoned conclusion that it is in the public
interest to place the Government Servant under
suspension.
ii) Where a Government Servant has been
suspended on disciplinary proceedings
contemplated, such proceedings should be
initiated immediately and finalized normally
within a period of six months.
iii) In cases, where a Government Servant
has been suspended and the matter has been
referred for investigation to the Director of
Vigilance and Anti Corruption for enquiry, the
latter should complete the enquiry and send the
report to Government through the Vigilance
Commission within one year."
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6. In view of the aforesaid Government Order, this Court is inclined
to pass orders as follows:
i) The appellant shall make a fresh representation to the Board, within
a period of two weeks from the date of receipt of a copy of this order for
revocation of suspension order and it is for the Board to consider and pass
appropriate orders on the said representation in accordance with law.
ii) It is needless to say that the disciplinary proceedings pending
against the appellant shall be proceeded with in accordance with law and the
same shall be concluded at the earliest. The appellant shall also co-operate
for the aforesaid enquiry.
7. With the above directions, the writ petition stands disposed of.
There shall be no order as to costs.
(D.K.K., J.) (P.B.B., J.)
25.10.2024
Index : Yes/No
Neutral Citation : Yes/No
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mrn
To
1.The Chief Engineer,
Tamil Nadu Generation and Distribution Corporation
Limited,
Manjakkupam,
Cuddalore,
Cuddalore District.
2.The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation
Limited,
Office of the Superintending Engineer,
Cuddalore Electricity Distribution Circle,
Capper Hills/Cuddalore-4.
3.The Inspector of Police,
Vigilance and Anti-Corruption Department,
Cuddalore,
Cuddalore District.
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D. KRISHNAKUMAR, J.
and
P.B. BALAJI, J.
(mrn)
25.10.2024
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