K. SELVAMANI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in Lr. No. 42746/Pol.2/2013-25, dated 30.12.2014 and to quash the same and to direct the respondents to permit the petitioner to rejoin duty as Deputy Superintendent of Police, subject to the result in C.C. No. 16 of 2014 dated 21.05.2014 on the file of the Special Court under the Prevention of Corruption Act, Trichirapalli.

(2.) In the affidavit filed in support of the writ petition, it has been averred by the petitioner as follows:-

(3.) When the matter is taken up for consideration, the learned senior counsel for the petitioner, by placing reliance on two judgments reported in 1991 Writ L.R. 273 [Ambigapathy, P.S. Vs. The Director of Public Health and Preventive Medicine) and 2015 (2) SCALES 432 [Ajay Kumar Choudhry Vs. Union of India], submitted that the currency of suspension order should not be extended beyond three months, if within this period, the Memorandum of charges/charge-sheet is not served on the delinquent official and if charge memo/sheet is served, a reasoned order must be passed for extension of the suspension. In the instant case, the petitioner has been placed under suspension for a long period without any reason. Thus, the learned senior counsel for the petitioner sought for quashing the impugned order and for a direction to the respondent to permit the petitioner to join duty.