S ARUCHAMY Vs. PRINCIPAL SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT & PANCHAYAT RAJ (E2) DEPARTMENT, SECRETARIAT, CHENNAI

JUDGEMENT

(1.) The petitioner was appointed as Assistant Soil Conservator Officer in Agricultural Engineering Department on 02.09.1986. Thereafter, he was appointed as Assistant Engineer through Tamil Nadu Public Service Commission in Rural Development Department in December 1998. He was promoted as Assistant Executive Engineer in March 2006. While he was serving as Assistant Executive Engineer, he was placed under suspension vide proceedings dated 07.10.2008 pending investigation in Crime No.3 of 2008 under Section 7 of the Prevention of Corruption Act. Against the suspension order, the petitioner is before this Court in W.P.No.20987 of 2014.

(2.) According to the petitioner, a charge sheet was filed in Spl.C.C.No.1 of 2011 before the learned Special Judge, The Nilgiris, on 05.08.2010. However, the trial of the criminal case was kept pending for a long period without finalization. Therefore, the petitioner had approached the respondent for revocation of suspension through his representation dated 21.01.2014. However, the same was rejected on 20.05.2011 on the ground that the criminal case was still pending.

(3.) In the meanwhile, the Government also issued instructions on 207.2015 providing a limitation period for suspension. Taking note of the Government instructions, the petitioner has submitted a representation for revocation of suspension. However, once again the same was rejected by the respondent on 11.07.2016 stating that the criminal case was still pending. Therefore, the petitioner has once again approached this Court in W.P.No.41025 of 2016 challenging the above rejection order.