C GOVINDARAJAN Vs. JOINT DIRECTOR AND ADDITIONAL DIRECTOR

JUDGEMENT

(1.) The prayer in the writ petitioner is for a writ of certiorarified mandamus to call for the records of the respondent dated 6.11.2003 and quash the same.

(2.) The case of the petitioner is that he was working as a Welfare Organiser in the Office of the Assistant Director of the District Ex. Servicemen's Welfare, Salem. While he was working so, by the proceedings dated 6.11.2003, the Joint Director and Additional Director, In charge of the Directorate of Ex. Servicemen's Welfare, has passed an order under Rule 17(e) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, placing the petitioner under suspension on the ground that he was arrested on 30.10.2003 and remanded to judicial custody till 13.11.2003, and the complaint against the petitioner of a criminal offence, is under investigation, and it is necessary in the public interest to place him under suspension from service with effect from 30.10.2003 until further orders. That order is put in issue in the present writ petition on the premise that in the criminal case, charge sheet has been filed, and the matter is pending before the Judicial Magistrate. The petitioner is out of service from 6.11.2003 onwards. The petitioner's case can be reviewed by the respondent. The reason for placing him under suspension is that he should not hamper the smooth flow of the departmental proceedings. As a matter of fact, no departmental proceedings has been initiated against him. Hence, there is no warranting reason to keep the petitioner under suspension for more than three years.

(3.) I have heard the learned Counsel for the petitioner and perused the material on record.