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TMI Blog2016 (3) TMI 1461X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard Mr.Ravi Shanmugam, learned counsel for the petitioner. Mr.A.Kumar, learned Special Government Pleader accepts notice on behalf of the respondent. 3. The petitioner has joined the service as Junior Assistant on 07.04.1995. Thereafter, he was promoted as Assistant on 06.01.2000 and further promoted as Superintendent on 18.01.2010. When he was working as Superintendent at Regional Transport Office, Thiruvallur, a complaint was given by one Thulasiraman before the Vigilance and Anti Corruption Detachment, Kancheepuram that he demanded Rs.5000/- for renewal of mini bus permit and the said complaint was registered in Cr.No.7/AC/2011/KM under Prevention of Corruption Act, which is under investigation. On the ground of the said criminal com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hary's case (cited supra), the Government also has issued a letter in Letter No.13519/N/2015-1, dated 23.07.2015, implementing the direction issued by the Apex Court except in the following two situations: (i) The currency of a suspension order should not extend beyond three months if within this period, the Memorandum of Charges/Charge sheet is not served on the delinquent officer/employee; (ii) If the Memorandum of Charges/Charge sheet is served, a reasoned order must be passed for the extension of the suspension. The Departments of Secretariat and Heads of Departments are therefore requested to follow the directions ordered by the Hon'ble Supreme Court of India on the limitations in the period of suspension in letter and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pension, it has been kept pending for a long time. Therefore, as per the judgment of the Hon'ble Apex Court, in the case of Ajay Kumar Choudhary vs. Union of India through its Secretary and another passed in Civil Appeal No.1912 of 2015 dated 16.02.2015 and following the letter mentioned supra issued by the Government in this regard, this Court is of the view that the prolonged suspension is no longer permissible. Hence, this Court finds merit in the contention of the petitioner. 10. In view of the same, the respondent is directed to consider and pass appropriate orders on the petitioner's representation dated 24.02.2016 on merits and in accordance with law. 11. With the above observation, this writ petition is disposed of. No cos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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