S.RAMU Vs. COMMISSIONER

JUDGEMENT

(1.) The instant writ petition is for a Writ of Certiorarified Mandamus, calling for the records of the respondent in Na.Ka.No.8643/2014/C1, dated 02.12.2015, and quash the same and consequently direct the respondent herein to post the petitioner in any non-sensitive post.

(2.) The petitioner was originally appointed as Driver with the Commissioner, Avadi Municipality and later on promoted as Revenue Assistant/Junior Assistant at Avadi Municipality. On 27.08.2014, the petitioner was caught for demanding illegal gratification of Rs.2,000/- He was arrested by the Directorate of Vigilance and Anti- Corruption. He was placed under suspension on 28.08.2014. A case has been registered against the petitioner under Sections 7,12 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. Charge sheet has been filed before the Court of Chief Judicial Magistrate cum Special Judge, Tiruvallur in criminal case No.8 of 2014. The petitioner continues to be in suspension from 27.08.2014 till date. The petitioner has sent repeated representations to the respondent for revoking the suspension. The last representation of the petitioner has been rejected on 02.12.2015 (impugned order), stating that in view of the criminal case against the petitioner, the suspension cannot be revoked.

(3.) The petitioner has filed this writ petition primarily relying on the judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary Vs. Union of India reported in 2015 7 SCC 291, wherein the Hon'ble Supreme Court has deprecated prolonged periods of suspension.