R. MAHESWARAN Vs. THE CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The grievance of the petitioner is that owing to his involvement in an Anti corruption, a case was initiated by the Anticorruption Department. He was arrested and put under suspension with effect from 13.01.2012. The case of the petitioner is that though the investigation has not yet been completed as per G.O (MS) No.40, P&AR(N) Department dated 30.01.1996, in view of law laid down by the Apex Court in the case of Ajay Kumar Chowdary v. Union of India, 2015 (7) SCC 291 , the order of suspension requires to be reviewed. Hence, the petitioner has came forward to file this writ petition.

(2.) Though, the notice was served to the learned counsel appearing for the respondent, the counter affidavit is yet to be filed.

(3.) Learned counsel for the petitioner submits that considering that suspension cannot be for indefinite period and the suspension order impugned passed for indefinite period pending disciplinary proceedings or criminal prosecution is unsustainable in law and liable to be quashed and the petitioner is entitled to be reinstated into service, in this regard reliance has been placed in the case of [Ajay Kumar Chowdary v. Union of India], 2015 (7) SCC 291.