M PANDI Vs. DISTRICT COLLECTOR THENI DISTRICT

JUDGEMENT

(1.) (Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ of Certiorari to call for the records relating to the order passed by the 2nd respondent in his proceedings Na.Ka.No.2/2001 dated 12.02.2001 and to quash the same as illegal.) 1. The petitioner has approached this Court to challenge the order of suspension pending departmental enquiry.

(2.) THE case of the petitioner is that suspension order issued was without jurisdiction, as an employee can only be suspended pending or contemplated enquiry. But in this case, neither charge sheet was issued nor any enquiry was contemplated against the petitioner.

(3.) ON consideration, I find that this writ petition deserves to succeed for the simple reason that the stay has been in operation since the year 2001 and till date, no charge sheet has been issued to the petitioner. The suspension order is not sustainable, as it can be safely said that neither any enquiry is pending nor it was contemplated, as no reason is disclosed for not serving the charge sheet for more than 10 years