Madras High Court
The Chief Educational Officer vs K.Muthuchamy on 9 April, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.656 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2025
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.656 of 2025
and
C.M.P(MD)No.4664 of 2025
The Chief Educational Officer,
O/o. The Chief Educational Officer,
Ramanathapuram District,
Ramanathapuram. ... Appellant
vs.
K.Muthuchamy ... Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 02.12.2024 made in W.P(MD)No.20266 of
2023.
For Appellant : Mr.J.Ashok
Additional Government Pleader
For Respondent : Mr.H.Mohammed Imran for
M/s.Ajmal Associates
1/8
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W.A(MD)No.656 of 2025
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.)
This writ appeal is filed against the order dated 02.12.2024
made in W.P(MD)No.20266 of 2023.
2. The respondent / writ petitioner was working as a B.T.
Assistant (Science) at Government High School, D.Punavasal,
Ramanathapuram District. His wife lodged a complaint alleging that
the respondent contracted a second marriage. Accordingly, a FIR was
registered against the respondent. Consequently, the respondent was
placed under suspension on 18.12.2012 by the appellant. Ultimately, the
criminal case registered against the respondent ended in acquittal on
25.01.2019. Thereafter, based on his acquittal, the respondent was
reinstated in service on 16.07.2019. In the meantime, disciplinary
proceedings were initiated which culminated in punishment of stoppage
of increment for two years with cumulative effect on 22.04.2021. The
appeal filed by the respondent against the said punishment was
rejected, against which, a writ petition in W.P(MD)No.23205 of 2022 was
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filed by the respondent. According to the respondent, he withdrew the
said writ petition on the assurance given by the appellant that his
suspension period will be regularised as duty period, but by the
proceedings dated Nil.09.2022, the appellant regularised the suspension
period towards eligible leave. Challenging the said order, the
respondent filed the writ petition and the Writ Court by impugned
order, allowed the writ petition directing the appellant to treat the
period of suspension as duty period and to disburse all attendant
benefits. The relevant passage of the impugned order is extracted
hereunder:-
''8. If the period of suspension is traceable only to a criminal
case and ultimately if the government servant is acquitted from the
criminal case, the suspension period has to be treated as a duty period
with all attendant benefits as contemplated under Rule.54B (9)(a)
and (b) of the Fundamental Rules. On the other hand, if the
suspension is traceable to the initiation of departmental proceedings
or in-contemplation of departmental proceedings for grave charges,
and if the Government Servant is exonerated, then the suspension
period should be treated as a duty period. On the other hand, in the
departmental proceedings penalty is imposed upon the Government
Servant then the suspension period should be treated as a justifiable
one and it at the most it can be treated as an eligible leave not as a
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duty period. This is the settled position of law. It is to be considered,
whether, the suspension of the writ petitioner is traceable to a
criminal case or the departmental proceedings to find out, whether,
the suspension period could be regularized as a duty period or eligible
leave.
9. In the present case, the order of suspension dated
18.12.2012 reveals that it is only traceable to a deemed suspension
provision namely Rule 17(e) (ii) of Tamilnadu Civil Services
Discipline and Appeal Rules, 1955. There is Departmental
proceedings. Therefore, it is clear that the initial suspension order is
only traceable to a criminal case. The petitioner was acquitted from
the criminal case only on 25.01.2019. Though the departmental
proceedings got culminated on 24.01.2021. The writ petitioner was
reinstated in service as early as on 16.07.2019. Therefore, it is clear
that the department has not waited for the culmination of the
disciplinary proceedings, but the suspension order was revoked based
upon the acquittal order passed by the Criminal court. Therefore, it is
clear that the order of suspension as well as the order of revocation of
suspension are only traceable to the criminal case and not to the
departmental proceedings.
10. In view of the fact that the suspension and revocation of
suspension are traceable only to the criminal proceedings, Rule 54B
(9) (a) and (b) of Fundamental Rules are squarely applicable to the
facts of the present case and the writ petitioner would be entitle to
treat the period of suspension as a duty period with all attendant
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benefits.''
3. Assailing the correctness of the impugned order, learned
counsel for the appellant would submit that though the respondent was
initially suspended for arrest in the criminal case, thereafter,
departmental proceedings were initiated against him and a punishment
of stoppage of increment for two years with cumulative effect was
imposed against him and therefore, his suspension period can be
regularised against his eligible leave, which has been rightly done by the
appellant. However, without adverting to the same, the Writ Court
holding that the suspension and revocation of suspension are traceable
only to criminal proceedings, applied Rule 54B(9)(a) and (b) of the
Fundamental Rules and erroneously allowed the writ petition with a
direction to treat the period of suspension as duty period and to
disburse all attendant benefits. Thus, the learned counsel would submit
that the impugned order is liable to be set aside.
4. Learned counsel appearing for the respondent has relied
upon Fundamental Rule 54-B(9)(a) and (b) and contended that where a
Government Servant is placed under suspension, pending criminal
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proceedings and later he is acquitted, he should be reinstated in service
and the period of suspension should be treated as a duty period with all
attendant benefits. The Writ Court has rightly considered the same and
allowed the writ petition. Thus, the order of the Writ Court does not
require interference.
5. Heard both sides.
6. The crux of the appellant's contention is that though the
respondent was suspended in December 2012 in view of the arrest in the
criminal case, later, he was issued with a charge memo in December
2013, which culminated in imposition of punishment in the year 2021
and hence, his suspension is traceable only to the departmental
proceedings. However, as rightly held by the Writ Court, the order of
suspension dated 18.12.2012 reveals that it is only traceable to a deemed
suspension provision namely, Rule 17(e)(ii) of Tamilnadu Civil Services
(Discipline and Appeal) Rules, 1955. Further, there is no reference about
the charge memo or contemplation of departmental proceedings in the
suspension order. Therefore, it is clear that the initial suspension order
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is only traceable to the criminal case. Hence, application of Rule 54B(9)
(a) and (b) of the Fundamental Rules by the Writ Court is perfectly
justified. Therefore, we do not find any infirmity in the impugned
order.
7. Accordingly, the Writ Appeal is dismissed. No costs.
Connected miscellaneous petition is closed.
[J.N.B, J.] [S.S.Y, J.]
09.04.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
To
The Chief Educational Officer,
O/o. The Chief Educational Officer,
Ramanathapuram District,
Ramanathapuram.
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J.NISHA BANU, J.
AND
S.SRIMATHY, J.
bala
JUDGMENT MADE IN
DATED : 09.04.2025
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