S. KRISHNAN Vs. DISTRICT COLLECTOR, SIVAGANGAI DISTRICT

JUDGEMENT

(1.) The petitioner herein, was placed under suspension through the impugned order, dated 15.07.2017 on the ground that an enquiry with regard to grave charges is contemplated against him.

(2.) The learned counsel for the petitioner would state that apparently, the petitioner is placed under suspension for the past more than 3½ years. The Hon'ble Supreme Court in the case of Ajay Kumar Choudhary v. Union Of India reported in (2015) 7 SCC 291 had held that the currency of the suspension order should not extend beyond three months, if within this period the memorandum of charges is not served on the delinquent, officers/employee. It was further held that if the charges are served within the period of three months, a reasoned order must be passed for the extension of the suspension. However, in the case of the petitioner, the petitioner was originally suspended on 15.07.2017 and the charge memo was filed only on 30.04.2019, which is apparently after the period of three months as stipulated in Ajay Kumar Chaudhary's case (cited supra).

(3.) The learned counsel appearing for the petitioner would further state that in similar circumstances in W.P. (MD) No. 7577 of 2019, this Court vide order dated 12.03.2021, has quashed the suspension order and ordered reinstation of the petitioner into service.