[Cites 1, Cited by 0]
Madras High Court
S.Karuppuchamy vs The Revenue Divisional Officer on 18 March, 2026
W.P.(MD) No.7458 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.7458 of 2026
and
W.M.P.(MD) Nos.6127 & 6130 of 2026
S.Karuppuchamy ... Petitioner
-vs-
The Revenue Divisional Officer
Paramakudi Sub-Division
Paramakudi
Ramanathapuram District ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the records on the file of the
respondent pertaining to its proceeding bearing in Roc.A5/11915/2025, dated
10.12.2025 and to quash the same and consequently directing the respondent
to revoke the suspension order by considering the representation dated
20.01.2026 in the light of G.O.(Ms) No. 81, Human Resources Management (N)
Department, dated 04.08.2022.
For Petitioner : Mr.S.C.Herold Singh
For Respondent : Mr.S.Shaji Bino
Special Government Pleader
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W.P.(MD) No.7458 of 2026
ORDER
Mr.S.Shaji Bino, learned Special Government Pleader, takes notice
for the respondent.
2. With the consent of both sides, this writ petition is disposed of
at the admission stage.
3. Heard the learned counsel for the petitioner and the learned
Special Government Pleader appearing for the respondent.
4. The petitioner herein, while working as Village Administrative
Officer in Venthoni Group, Paramakudi Taluk, Ramanathapuram District, on
certain allegations of corruption, was placed under suspension through
proceedings dated 10.12.2025, issued by the respondent herein and he is
being continued under suspension till date. Under those circumstances, the
petitioner is claimed to have submitted a representation dated 20.01.2026 to
the respondent seeking revocation of the suspension. However, the said
representation is still pending consideration before the respondent. Hence,
the petitioner has approached this Court by filing this writ petition
complaining inaction on the part of the respondent on his representation.
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5. Learned Special Government Pleader appearing for the
respondent, on instructions, submitted that the matter of suspension is now
governed by various guidelines issued by the Government vide Government
Order in G.O.(Ms) No.81, Human Resources Management (N) Department,
dated 04.08.2022 and therefore, the suspension order issued against the
petitioner would be reviewed in accordance with the guidelines issued under
the said Government Order.
6. In the light of the above, this Court is of the considered view
that it would be appropriate to dispose of this writ petition directing the
respondent to review the order of suspension duly taking into consideration
the guidelines issued under the said Government Order. It would be
appropriate to extract the relevant portion of the said Government Order
hereunder:
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
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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.
(iv) In respect of cases referred to under
Items (ii) and (iii) above, the authority who
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
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progress of the disciplinary action / investigation
by the Director of Vigilance and Anti-Corruption,
the reasons for non completion of the work and
the further time required for completing the
disciplinary action / investigation and furnish
reasons for continuing the suspension, if
continued suspension is fell essential. If the
authority which initiated action in the first
instance is the Head of the Department, the
report has to be sent to Government.
(v) After 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 Government Servant
should reach him without any loss of time.
(viii) When the disciplinary authority comes
to a conclusion suo-motu 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) 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 Government 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 one mentioned in item (viii) above shall be
made by the competent authority.
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(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 Rule 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 that 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 reson that
prolonged suspension and paying subsistence
allowance for a long period without extracting
work is nto at all acceptable. Such revocation of
suspension can be made based on the facts of
each case and after noticing the reason for the
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delay in serving the memorandum 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.”
7. In the light of the above, this writ petition is disposed of
directing the respondent to consider the representation dated 20.01.2026
submitted by the petitioner and review the order of suspension dated
10.12.2025, duly taking into consideration the guidelines issued by the
Government under G.O.(Ms) No.81, Human Resources Management (N)
Department, dated 04.08.2022, and pass appropriate orders thereon, as
expeditiously as possible, at any rate, within a period of four weeks from the
date of receipt of a copy of this order. No costs.
18.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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To:
The Revenue Divisional Officer,
Paramakudi Sub-Division,
Paramakudi,
Ramanathapuram District.
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MUMMINENI SUDHEER KUMAR, J.
krk
and
W.M.P.(MD) Nos.6127 & 6130 of 2026
18.03.2026
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