RAJ MOHAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) An employee once suspended pending disciplinary proceedings was reinstated later. No doubt, he can be again kept under suspension during enquiry on the basis of sufficient material. But once the enquiry is over after the reinstatement, can he be again kept under suspension pending final orders in the disciplinary proceedings, is the question to be considered in this Original Petition.

(2.) The petitioner was placed under suspension as per Ext. P2 O.28.8.1998, in view of a case registered against him by the Vigilance and Anti Corruption Bureau, Kottayam. The allegation was that he demanded and accepted illegal gratification. Thereafter, as per Ext. P3 order dated 12.3.1999, the petitioner was reinstated in service. It is stated in Ext. P3 that the reinstatement was pursuant to the report from the 4th respondent Director of Vigilance and Anti corruption Bureau that the investigation of the vigilance case against the petitioner had been completed. As per Ext. P4 order dated 12.4.2000, Government referred the charges against the petitioner to the 5th respondent Vigilance Tribunal for a detailed enquiry.

(3.) While so, as per the impugned order Ext. P1 dated 4.9.2001, the petitioner was placed under suspension. The operative portion of Ext. P1 reads as follows: -