R. KANAGARAJ Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) The order of suspension, dated 06.10.2015, passed by the first respondent, is under challenge in the present writ petition.

(2.) The writ petitioner, who was working as Physical Education Teacher in the second respondent School, was placed under suspension, on the ground that a criminal case was registered against him and he was kept under the custody for more than 48 hours.

(3.) Undoubtedly, prolonged suspension is bad in law. In case the criminal cases are not disposed of within a reasonable time, keeping an employee under suspension is not preferable. Contrarily, such an employee can be reinstated into service and he may be posted in a non-sensitive post. This Court has taken a consistent view in respect of the prolonged suspension that keeping an employee under suspension for an unspecified period will cause financial loss to the State Exchequer. Thus, in the event of non availability of materials for the purpose of continuing the disciplinary proceedings, the authorities competent shall revoke the order of suspension and post the employee concerned in the non-sensitive post till the disposal of the criminal case or the departmental disciplinary proceedings.