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2016 (3) TMI 1461

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..... suspension. However, with regard to the order of suspension, 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 VERSUS UNION OF INDIA THROUGH ITS SECRETARY ANR. [ 2015 (6) TMI 592 - SUPREME COURT] 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. 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 - Petition disposed off. - Mr. Justice T. Raja For .....

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..... nt Transport Commissioner (Administration) has ordered sanction for prosecution against the petitioner, charge sheet was filed before the Criminal Court by the Superintendent of Police, Vigilance and Anti- Corruption Detachment, Kancheepuram on 29.07.2013. Even after lapse of three years of filing of the charge sheet, there is no progress in the trial and no review of order of suspension was passed. Therefore, the petitioner had made a representation to the respondent on 24.02.2016 to revoke the suspension order based on the Government Circular issued in Letter No.13519/N/2015-1, dated 23.07.2015. As no orders has been passed by the respondent, he has come forward with the present writ petition. 4. The learned counsel for the petitioner .....

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..... orward to review the order of suspension, it is not only contrary to the ruling of the Hon'ble Apex Court but also to the letter issued by the State Government as stated above. In the aforementioned judgment, the Hon'ble Apex Court has held as follows:- 8. Suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration. If it 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 Ch .....

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