BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 28/01/2008 Coram The Honourable Mr.Justice S.NAGAMUTHU Writ Petition No.3052 of 2005 and M.P.Nos. 3135 of 2005 and 1 of 2007 R.Maheswari ...Petitioner VS 1. The District Elementary Educational Officer, Theni District. 2. The Additinioal Assistant Elementary Educational Officer, Andipatti, Theni District ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records relating to the impugned proceedings dated 21.3.2005 in R.C.No.1227/B4/2004 and quash the same. !For Petitioner ... Mr.M.Ajmal Khan ^For Respondents ... Mr.S.C.Herold Singh :ORDER
The petitioner is a Secondary Grade Teacher, now working at
Panchayat Union Primary School, Erathimakkalpatti. A case in crime No.44 of 2004
on the file of Gandamanur Police Station, Theni District was registered against
her under Sections 323, 355, 354, 306 I.P.C and Section 3(1)(xi) of SC/ST
(Prevention of Atrocities Act) 1989 in respect of an occurrence, said to have
occurred on 13.03.2004. She surrendered before the Special Court under the said
Act and she was released on bail on the same day.(i.e) 25.08.2004) Consequently,
the first respondent by his proceeding in Na.Ka.No.1639/A4/2004 dated 28.09.2004
prevented her from joining the duty, though there was no order of suspension
passed. The said oral order came to be challenged before this Court by the
petitioner in W.P.No.2638 of 2004, in which this Court by an order dated
08.11.2004 directed the respondents not to prevent her from joining duty and in
fact, the respondents were further directed to allow her to join duty. But she
was not so allowed to join duty, despite the order of this Court. Though the
said order was passed on 08.11.2004, on 21.03.2005 by an order in
R.C.No.1227/B4/2004, the first respondent placed her under suspension on the
ground that the criminal case, in which she figures as an accused, was under
investigation. The said order is now under challenge in this writ petition.
2. Heard the learned counsel for the petitioner and the learned
counsel Government Advocate appearing for the respondents.
3. The learned counsel for the petitioner relies on the Rule 17(3)
Sub-clause (1) (ii) of the Tamil Nadu Civil Services (Discipline and Appeal)
Rules, which empowers the employer to place a servant under Suspension, if a
complaint against him for any criminal offence is under investigation or trial
and if such suspension is necessary in public interest. The learned counsel
would take me through the impugned order, where there is nothing set out about
the involvement of the public interest. The learned counsel, therefore, submits
that the impugned order has been passed mechanically without application of mind
and without analysing as to whether the continuance of the petitioner in service
without an order of suspension, shall be in the interest of public or not.
4. The learned Government Advocate would submit that the offence, in
which the petitioner involved, is a serious crime and in those circumstances,
the first respondent has got power to place him under suspension and though it
has not been specifically stated in the impugned order that the suspension was
made in the public interest, that by itself cannot be a ground to quash the
order of suspension. A detailed counter has also been filed by the counsel.
5. I have considered the rival contentions.
6. As rightly pointed out by the learned counsel for the petitioner,
mere involvement in a criminal case by a public servant, cannot be a ground at
all for placing him under suspension. It is for the authority to analyse various
facts and materials available so as to assess independently as to whether the
continuation of public servant on duty without an order of suspension shall be
to the detriment of the interest of public or not. If only, the authority comes
to such a conclusion that an order of suspension is necessary in the public
interest, then the authority can pass such an order of suspension. A plain
reading of the order under challenge in this writ petition would go to show that
there was no such conclusion arrived at by the authority. Even in the counter,
it is not the case of the first respondent that the impugned order came to be
passed in the interest of public. It is to be seen that even in cases where the
public interest is involved, in a routine fashion, such an order of suspension
should not be passed, because the provision gives a clear indication that such
suspension should be necessary. In this case, nothing of that sort is found at
all.
7. In view of the above position, I am not in a position to agree
with the contentions of the learned Government Advocate, who is trying to
sustain the order of suspension.
8. In the result, the writ petition is allowed and the order of
suspension of the first respondent dated 21.03.2005 in R.C.No.1227/B4/2004 is
quashed. Consequently, connected miscellaneous petitions are closed. No costs.
pal
To
1. The District Elementary
Educational Officer,
Theni District.
2. The Additinioal Assistant
Elementary Educational Officer,
Andipatti,
Theni District