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TMI Blog2021 (8) TMI 1384X X X X Extracts X X X X X X X X Extracts X X X X ..... se on hand, the appellants have not followed the regulations laid down under Tamil Nadu Electricity Board Employee's Discipline and Appeal Regulations 9 clause (dd) and (e) - A thorough reading of the said regulations would clearly show that the rule empowers the appellants herein, at any time, to revoke the suspension order. But, the appellants, have failed to consider the request for reviewing the order of prolonged suspension in spite of his representations. Thus, the learned single Judge has held that an employee cannot be kept under a prolonged suspension just because there is a criminal case pending against him and has categorically came to a conclusion that the subsistence allowance should not be paid to him without extracting any work from him - there are no error or defect in the order of the learned single Judge's observation that the appellants can consider posting the respondent herein/writ petitioner in a non-sensitive post and extract work from the petitioner rather than paying the subsistence allowance for no work. Appeal dismissed. - W.A. No. 68 of 2021 And C.M.P. No. 578 of 2021 - - - Dated:- 27-8-2021 - Honourable Mrs. Justice Pushpa Sathyanaraya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ically come to a conclusion that an employee cannot be kept under prolonged suspension and subsistence allowance should not be paid to him without extracting any work from him. This Court found that such an exercise is only going to drain the public exchequer. 9. In the present case, the petitioner has been kept under suspension right from the year 2015 onwards. The impugned order was passed in the year 2016. It is almost three years from the date on which the impugned order was passed and even now the suspension of the petitioner continues. There is also no substantial progress in the criminal case. The petitioner has already given a representation to the respondents on 17.09.2019, requesting for revocation of the suspension and the same is pending. 10. Taking into consideration the facts and circumstance of the case and also the above discussion made by this Court, this Court deems it fit and proper to direct the 2nd respondent to consider the representation made by the petitioner on 17.09.2019, in the light of the judgment that has been referred supra and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order. In the fitn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed suspension and the same is against the judgment of the Hon'ble Supreme Court in State of Tamil Nadu vs. Pramod Kumar and Another reported in (2018) 17 SCC 677. It is his further submission that the suspension of the respondent can be revoked and he can be placed in an insensitive post till the completion of the criminal case. 7. Heard both sides and perused the materials available on record, including the impugned order. 8. It is an admitted fact that the respondent herein/writ petitioner was trapped, while he was accepting bribe to do his bounden duty. He was arrested and suspended from service since 01.05.2015. Criminal trial is going on and the respondent herein/writ petitioner is under continuous suspension. In such circumstances, whether the respondent herein/writ petitioner, who is under prolonged suspension and receiving subsistence allowance, can be engaged in a non-sensitive post. 9. Learned counsel for the respondent herein/writ petitioner argued that the respondent herein/petitioner has been kept under prolonged suspension for more than six years and the Vigilance case pending in C.C.No.2 of 2017 on the file of Special Judge for the cases under Prevention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase in hand, the Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. We think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. We recognize that previous Constitution Benches have been reluctant to quash proceedings on the grounds of delay, and to set time limits to their duration. However, the imposition of a limit on the period of suspension has not been discussed in prior case law, and would not be contrary to the interests of justice. Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us. 11. In yet another judgment in State of Tamil Nad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be a threat to a fair trial. We reiterate the observation of the High Court that the Appellant State has the liberty to appoint the first Respondent in a non sensitive post. 28. With the aforesaid observation, the appeals are disposed of. 12. Under similar circumstances, a Division Bench of this Court in the case of The Deputy Inspector General of Police, Coimbatore Range, Coimbatore vs. S.Govindaraj, in W.A.No.566 of 2011 by its order dated 23.11.2011 while considering Rule 3(e)(5) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, has categorically held that after a period of six months from the date of suspension, if an incumbent has to be paid 75% of his salary by way of subsistence allowance, such a person could be posted in a nonsensitive post, may be in a far off place. 13. In the case on hand, the appellants have not followed the regulations laid down under Tamil Nadu Electricity Board Employee's Discipline and Appeal Regulations 9 clause (dd) and (e), which are extracted hereunder: (dd) Where a Board employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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