M MURUGAN Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This Writ Appeal is directed against the order dated 23.01.2017, made in W.P.(MD)No.1011 of 2017.

(2.) The case of the appellant is that he was directly recruited and joined as a Sub-Inspector of Police on 02.06.1997 and posted in Tamil Nadu Special Police Battalion stationed at Rajapalayam and thereafter, on conversion, he was transferred to Watrap Police Station as Sub Inspector of Police. Subsequently, he was promoted as Inspector of Police on 10.06.2009. Since then, he has been working as Inspector of Police. Thereafter, he was transferred from Uchipuli Police Station to Kenikarai Police Station on 20.03.2015. While he was working there, on the basis of the complaint preferred by one Janaki, dated 26.06.2015, a case in Crime No.3 of 2015 was registered against him and one Shanmuga Rajeshwaran, who was a Special Sub Inspector of Police, for offences punishable under Sections 7 @ 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, on the file of the Inspector of Police, Vigilance and Anti-Corruption Wing, Ramanathapuram. The allegation made in the complaint is that the appellant demanded and accepted a sum of Rs.3,000/- as bribe from the defacto complainant for releasing her two wheeler. The appellant was arrested and remanded to judicial custody on 27.06.2015 and later, he was enlarged on bail by order dated 07.07.2015, in Cr.M.P.No.415 of 2015 on the file of the learned Chief Judicial Magistrate, Ramanathapuram. Thereafter, he was placed under suspension vide impugned order dated 30.06.2015, with effect from 27.06.2015. Neither a charge memo nor any disciplinary proceedings has been initiated against the appellant till date. The appellant has been under suspension for the past 17 months and hence, the same would amount to prolonged suspension. Since the prolonged suspension would also amount to punishment, the appellant sent a representation to the respondent on 05.10.2015, requesting him to revoke the suspension and to reinstate him into service. However, the respondent, vide proceedings dated 08.01.2016, rejected his claim on the ground that since he was arrested in a corruption case, his suspension cannot be revoked. Aggrieved over the same, he has filed a Writ Petition in W.P.(MD)No.1011 of 2017. The learned Single Judge, by order dated 23.01.2017, disposed of the Writ Petition with a direction to the Department to proceed with the enquiry by issuing charge sheet. It is further directed that if the disciplinary action is not initiated within three months, the appellant may be reinstated and further proceedings may be initiated against him. Aggrieved over the same, the present Writ Appeal has been filed.

(3.) When the matter was taken up for consideration, the learned counsel for the appellant, by placing reliance on two judgments reported in [Ambigapathy, P.S. Vs. The Director of Public Health & Preventive Medicine,1991 WritLR 273] and [Ajay Kumar Choudhry Vs. Union of India, 2015 2 Scale 432], 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 case of Ajay Kumar Choudhry's case cited supra, the Hon'ble Supreme Court in the following paragraphs has observed thus: