HC: Suspensions for disciplinary proceedings can’t be for indefinite periods
If suspensions issued pending disciplinary proceedings continued for indefinite periods it must be shown that there is a specific threat to the fairness of these proceedings through reinstatement, the Madras High Court has held while directing the reinstatement of a Special Tahsildar (Land Acquisition), Krishnagiri, who was suspended two years ago following criminal proceedings, to a non-sensitive post within eight weeks.
By : migrator
Update: 2019-12-29 20:20 GMT
Chennai
Justice Subramonium Prasad before whom the plea moved by the suspended Tahsildar K Bhaskar seeking to set aside his suspension passed on November 28, 2017, as it has not been extended as provided for under the service rules, said, “In the present case, no major threat to the conduct of the disciplinary proceedings or the criminal case has been made out, if the petitioner is reinstated into service. Hence, prolonging this suspension would thus be unjustified.”
He also referred to an order in this regard, which held “Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his Department, must endure this excruciation even before he is formally charged with some misdemeanor, indiscretion or offence.”
As per the case, based on an inquiry conducted by the District Collector, Bhaskar was blamed for fabricating and forging the document for wrongly recommending the payment of compensation for land acquisition to a person who was not the owner of the land.
This criminal case was filed based on a complaint given by the Personal Assistant of the District Collector, Krishnagiri, who claimed that her signature was forged on the letter dated August 8, 2016. Thereafter, an order of suspension was issued by the Revenue Disaster and Management Department, owing to his involvement in both the disciplinary proceedings and the criminal case.
The counsel appearing for the government contended that no time limit should apply in the present case as the petitioner was suspended following criminal proceedings being initiated against the same.
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