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2015 (3) TMI 1428 - HC - Indian LawsSuspension of petitioner set aside - whether the suspension of the Petitioner on the ground that he was involved in a Criminal case under the Prevention of Corruption Act can be set aside on the ground of prolonged suspension? - HELD THAT:- It cannot be gainsaid that an Employer has a right to take Disciplinary action against the Employee who is believed to have committed misconduct. An Employer, who has contemplated Disciplinary action against an Employee, may place him under suspension. After suspending an Employee, the matter rests there. As such, an Employee suffers and it results in unnecessary expenses to the Employer/State by way of payment of Subsistence Allowance in lieu of nothing. Placing an Employee under suspension is the discretion of an Authority and where the directions is properly exercised for good and sufficient grounds, the order cannot be held bad in law merely because the reasons were not communicated. It is true that the prosecution should not be allowed to become a persecution. However, when does the prosecution become persecution will certainly depend upon the facts and circumstances of a given case. It is the primordial duty of the Court concerned to dispose of a case concerning corruption by holding the trial on day to day basis as per Section 4(4) of the Prevention of Corruption Act, 1988. In fact, as per Section 4 of the Prevention of Corruption Act, a Special Judge appointed under the Act is to try offences specified in Section 3(1) of the Act. The word 'only' shows the exclusive jurisdiction of the Special Judge to try all offences specified in Section 3(1) of the Act. In the decision of the Hon'ble Supreme Court in VICE CHANCELLOR JAMMU UNIVERSITY VERSUS DUSHIANT KUMAR RAMPAL [1977 (2) TMI 131 - SUPREME COURT], it is observed that: 'It is immaterial that evil effects flow from an Order of Suspension, as it causes real hardship and inconvenience to a civil servant due to stigma, attached to it. In fact, by placing an Employee under suspension without proper application of mind Government is a looser because it has to pay heavy amount by way of Subsistence Allowance and other payments without taking any service from the Employee.' Vide the present Rules, namely, Tamil Nadu Civil Services (Discipline and Appeal) Rules, under Rule 17(e)(6), an Order of Suspension made or deemed to have been made under this rule may at any time be revoked by the Authority which made or is deemed to have made the Order or by any Authority to which that Authority is subordinate, thereby empowering the Competent Authority to take a decision as to the revocation of suspension at any time. The said rule framed in exercise of the powers conferred by the Proviso to Article 309 of the Constitution shall be exercised in the manner as contemplated. A reading of the said rule would unambiguously indicate that there cannot be any distinction between an Ordinary case and a Criminal case as to the involvement of the delinquent Employee. The Constitution of India guarantees the right of public employment and the equality thereof guaranteed to every one under Article 16(1) shall be made available to every citizen, including the delinquent Employee. Such a right has to be enjoyed by the Government servant during the pleasure of the Governor of the State. Therefore, the Executive Order, taking away the rights conferred upon the citizens, without making necessary amendment to the Rules or bringing proper legislation, is bad in law and the review of the Order of Suspension by the authority without giving any distinction of the category of cases shall be made as a mandatory requirement by prescribing a period of review, otherwise, there will be a serious prejudice and continued apathy over the issue of keeping the Government servant for an unending period under suspension. The Registry is directed to list these matters before the appropriate Bench for hearing in usual course.
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