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2017 (12) TMI 1619 - HC - VAT and Sales TaxRevocation of Suspension order - Reversion of petitioner from the post of Deputy Commercial Tax Officer to the post of Assistant - case of Revenue is that the allegations against the writ petitioner, are serious and therefore, they cannot revoke the order of suspension - Held that:- It is mandatory that whenever disciplinary proceedings are initiated against a Government employee, the same should be completed within a reasonable period of time, unless there is an acceptable impediment. Under normal circumstances, the disciplinary proceedings initiated ought to have been completed, without any further delay. The long delay in concluding the disciplinary proceedings will certainly cause prejudice to the employees, in respect of their promotions, retiral benefits etc. Thus, the Competent Authorities have to see that the disciplinary proceedings initiated against the writ petitioner is concluded, within a reasonable period of time. It is brought to the notice of this Court that the writ petitioner was also reverted to the post of Assistant from the post of Deputy Commercial Tax Officer in proceedings dated 18.12.2014 - this Court is of the firm opinion that there is no bar for the respondent to continue the disciplinary proceedings. However, now more than four years have lapsed and there is no reason to continue the order of suspension against the writ petitioner. The writ petitioner may be reinstated and he may be posted in any one of the non-sensitive post till the final disposal of the disciplinary proceedings pending against the writ petitioner - This Court is of further opinion that placing an employee under suspension for an unspecified period will cause monetary loss to the State Exchequer. In the case on hand, the writ petitioner is under continuous suspension for more than four years and therefore, this Court is of the opinion that the suspension deserves to be set aside - the order of suspension issued by the respondent in Memo No.EE2/21208/2013 dated 31.3.2016 is quashed and the writ petitioner may be posted in the post of Assistant in any one of the non-sensitive post till the completion of the disciplinary proceedings. Petition allowed - decided in favor of petitioner.
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