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TMI Blog2016 (11) TMI 1745X X X X Extracts X X X X X X X X Extracts X X X X ..... Commission, in the office of the Tahsildar, Dindigul Taluk and later, he was promoted as Revenue Inspector in the year 2014, at Chinnalapaati Firka, Authoor Taluk, Dindigul District. While so, on 10.09.2014, he was arrested by the Inspector of Police, Vigilance and Anti Corruption, Dindigul on the complaint give by one Mr. Ganesh Pandi, alleging that the petitioner demanded and accepted bribe. Since the petitioner was arrested, and a criminal case has been registered in Crime No.2 of 2015, under Section 7 of the Prevention of Corruption Act. By the impugned order dated 11.09.2014, the respondent has suspended the petitioner. Aggrieved over the same, the petitioner has filed this writ petition. 4. The learned counsel for the respondent woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature. Departmental/disciplinary proceedings invariably commence with delay, are plagued with procrastination prior and post the drawing up of the Memorandum of Charges, and eventually culminate after even longer delay." The Supreme Court further observed as under: "Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his Department, has to endure this excruciation even before he is formally char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tained in view of the pronouncement of the Constitution Bench in the aforesaid Antulay case. The Supreme Court also referred to the provision contained in the Proviso to Section 167(2) of the Criminal Procedure Code, 1973, which has the effect of circumscribing the power of the Magistrate in criminal cases to authorise detention of an accused person beyond period of 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, and beyond a period of 60 days where the investigation relates to any other offence. The Supreme Court extrapolated the quintessence of the Proviso of Section 167(2) of the Cr.P.C., 1973, to moderate Suspension Orders in case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... / Chargesheet is served a reasoned order must be passed for the extension of the suspension. As in the case 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. ... ... 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." It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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