STATE OF TAMILNADU REP Vs. S NOOR MOHAMMED

JUDGEMENT

(1.) The Government in this case has challenged the order of the Tribunal, whereby the Tribunal has directed reinstatement of the first respondent.

(2.) At the relevant time, the first respondent herein was a public servant serving as General Manager, District Industries Centre, Dharmapuri. He allegedly demanded bribe from one Govindaraju, son of Munuswamy. The matter was reported to the Vigilance and Anti Corruption department and a trap was arranged and on 16.6.1997, the first respondent was caught red-handed while accepting the bribe. He was arrested and produced before the Chief Judicial Magistrate, Krishnagiri. The first respondent was remanded to custody and he got bail on 30.6.1997. He was suspended with effect from the date of his arrest and he challenged his suspension order by O.A.No.1734/98, which application was dismissed taking the view that there was no limitation for the continuation of the suspension and that as per Clause 6(ix) of G.O.Ms.No.40, Personnel and Administrative Reforms Department dated 30.1.1996, there would be no question of limiting the continuation of suspension.

(3.) It is obvious that thereafter, by a subsequent order dated 8.7.1998, his suspension was continued till the final orders were passed in the proposed departmental proceedings or as the case may be, the pending criminal prosecution. The first respondent did not do anything with this and instead filed another application being O.A.No.10676/98. The Tribunal allowed this application on the ground that since the suspension was continuing for more than two years, it was liable to be revoked and the first respondent was liable to be reinstated into service. He was directed to be taken into service within two weeks from the date of that order. It is this order of the Tribunal which is in challenge before us.