[Cites 2, Cited by 0]
Madras High Court
M.Prem Anand vs The District Collector on 16 March, 2026
W.P.(MD)No.6313 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD)No.6313 of 2026
M.Prem Anand ... Petitioner
Vs.
1.The District Collector,
Collectorate,
Ramanathapuram District.
2.The Revenue Divisional Officer,
The Revenue Divisional Office,
Paramakudi,
Ramanathapuram District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the Respondent No.2 to revoke the
Suspension of the petitioner and reinstate him in any non-sensitive post for
the post of Village Administrative Officer in light of the guidelines issued
G.O.Ms.No.81 (Human Resources Development) dated 04.08.2022 by
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W.P.(MD)No.6313 of 2026
considering the petitioner's representation dated 11.11.2025 within the time
stipulated by this Court.
For Petitioner : Mr.I.Pinaygash
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
ORDER
Heard Mr.I.Pinaygash, learned counsel appearing for the petitioner and
Mr.S.Shaji Bino, learned Special Government Pleader appearing for the
respondents.
2. The petitioner has approached this Court seeking a Writ of Mandamus
directing the respondents to revoke his suspension and to reinstate him in service
in a non-sensitive post, in light of the orders issued by the Government in
G.O.Ms. No. 81 (Human Resources Development) dated 04.08.2022, by duly
considering his representation dated 11.11.2025.
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3. The petitioner herein, who was working as a Village Administrative
Officer, was placed under suspension through proceedings in Roc.A5/8543/2025
dated 14.08.2025, consequent upon his involvement in Cr.No.16 of 2025 dated
13.08.2025 under Section 7(a) of Prevention of Corruption Act, 1988, and the
consequential arrest. The said criminal case is still pending as on date, and more
than six months have lapsed since the date of suspension. In these
circumstances, the petitioner has approached this Court seeking a review of his
suspension in terms of G.O.Ms. No. 81 (Human Resources Development) dated
04.08.2022, on the ground that no charge memo has been issued as on date and
no disciplinary proceedings have been initiated.
4. The respondents filed a counter affidavit contending that the case of the
petitioner was referred to the second respondent on 22.01.2026 and is awaiting a
reply from the Vigilance and Anti-Corruption Department in order to decide
whether to initiate proceedings under Rule 17-B or to review the suspension.
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5. From the above, it is evident that the petitioner was placed under
suspension as early as August 2025, and only after a lapse of more than four
months was a report sought from the Vigilance and Anti-Corruption Department
in January 2026. Even after a lapse of more than two months, no report has been
submitted by the said Department. The purpose and purport of G.O.Ms.No.81
(Human Resources Development), dated 04.08.2022, is to avoid unnecessary
and prolonged suspension and to provide for periodic review by the Disciplinary
Authority under various circumstances. The guidelines for review of suspension
are enumerated under paragraph 11 of G.O.Ms.No.81, which reads as follows:
“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
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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.
(iv) In respect of cases referred to under items (ii) and (iii)
above, the authoritywho ordered the suspension or the Director of
Vigilance and Anti-Corruption, as the case may be, should, before
the expiry of the period of three months, report the matter to the
Head of the Department/Government, indicating the progress of
the disciplinary action / Investigation by the Director of Vigilance
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and Anti-Corruption, the reasons for non completion of the work
and the further time required for completing the disciplinary
action / Investigation and fumish reasons for continuing the
suspension, if continued suspension is felt essential. If the
authority which initlated action in the first instance is the Head of
the Department, the report has to be sent to Government
(v) After the initial report referred to in item (iv) above,
reports should be sent to Government at the end of every three
months, indicating the further progress, so as to enable the
Government to review the suspension and the progress of the case,
for such action as may be necessary to ensure expeditious
disposal.
(vi) The Head of the Department or the Government as the
case may be, will examine the cases with reference to the subject
matter of the disciplinary action/Investigation in progress and the
reported stage of progress and permit the continued suspension
beyond three months/six months. Where the Government Itself,
have ordered suspension, it will examine the case on the same
lines and pass similar order.
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(vii) The disciplinary authorities should ensure that the
delay in processing the case is not due to delaying tactics of the
Government Servant. They should ensure that all notices issued to
the suspended Govemment Servant should reach him without any
loss of time.
(viii) When the disciplinary authority comes to a conclusion
suo-moty or after conclusion of the Investigation by the Director
of Vigilance and Anti-Corruption, the disciplinary authority shall,
while initiating action by issue of charges under Rule 17(b) of the
Tamil Nadu Civil Services (Discipline and Appeal) Rutes or under
Rule 3(b) of the Tamil Nadu Police Subordinate Services
(Discipline and Appeal) Rules, 1955, as the case may be, examine
with reference to the facts established, which form the basis for
the charges, whether public Interest or the needs for further
proceedings will require continued suspension of the Govemment
Servant already under suspension.
(ix) The time limits mentioned above will not be applicable
to cases of Government Servants against whom criminal
proceedings have been initiated. However, while sanctioning
prosecution in such a criminal case, an examination similar to the
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one mentioned in item (viii) above shall be made by the competent
authority
(x) If, on examination of the case under items (vi), (viii) or
(ix) above, continued suspension is considered not necessary, the
suspension may be revoked in exercise of the powers conferred
under Rule 17(e) (6) of the Tamil Nadu Civil Services (Discipline
and Appeal) Rules or under Rute 3(e)(5) of the Tamil Nadu Police
Subordinate Services (Discipline and Appeal) Rules, 1955, as the
case may be.
(xi) In cases where the charge in the criminal case involves
complicated questions of law and fact and the disciplinary
authority is not in a position to finalize the departmental
disciplinary proceeding and if the criminal case is based on the
vigilance report and is pending before the court of law for which
no reasons are explained explicitly, the authority competent may
take a decision by taking up review of suspension and post the
Government Servant in a non-sensitive place in consultation with
the appropriate investigating authority / Vigilance Commission on
case to case basis in view of the reason that prolonged suspension
and paying subsistence allowance for a long period without
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extracting work is not at all acceptable. Such revocation of
suspension can bo made based on the facts of each case and after
noticing the reason for the delay in serving the memorandam of
charges / charge sheet. The decision of the Hon'ble High Court of
Madras in P.Kannan case, given in para 5 above, shall be taken
into account.
(xii) Suspension will continue to be in force unless it is revoked as
mentioned under item (x) above.”
6. In light of the above, this Court is of the considered view that it is
obligatory on the part of the Disciplinary Authority to review the suspension in
accordance with the orders issued in G.O.Ms.No.81. In these circumstances, the
writ petition is disposed of with a direction to the second respondent to review
the order of suspension dated 14.08.2025, placing the petitioner under
suspension, in light of the guidelines laid down in G.O.Ms.No.81, dated
04.08.2022, and to pass appropriate orders thereon as expeditiously as possible,
preferably within a period of six weeks from the date of receipt of a copy of this
order, taking into consideration the fact that no disciplinary proceedings have
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been initiated against the petitioner as on date. No costs.
16.03.2026
Neutral Citation: Yes / No
Index : Yes / No
am
To
1.The District Collector,
Collectorate,
Ramanathapuram District.
2.The Revenue Divisional Officer,
The Revenue Divisional Office,
Paramakudi,
Ramanathapuram District.
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MUMMINENI SUDHEER KUMAR, J.
am
16.03.2026
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