R.Bakkiyaraj v. The Revenue Divisional Officer

ORDER This Writ Petition has been filed for the following reliefs:- "Directing the Respondent to review the suspension order vide Roc. 865 / 2026 / B dated 14.03.2026 as per the government order vide G.O. Ms. No 81, human Resources Management (N) Department, dated 04.08.2022 and by considering the representation dated 25.06.2026. Page2 of 5

¶2The petitioner was appointed as a Village Administrative Officer on compassionate grounds on 16.10.2014 and was initially posted at Thethigiripatti Village, Mettur Taluk, Salem District. Subsequently, by proceedings dated

07.07.2025, he was transferred and posted as Village Administrative Officer, Navapatti Village, Mettur Taluk.

¶3While so, one S. Elango, S/o K. Subramanian, lodged a complaint before the Vigilance and Anti-Corruption Department alleging that the petitioner had demanded a sum of Rs.14,000/- for effecting patta transfer.

¶4Based on the said complaint, a trap was arranged on 13.03.2026. The petitioner was neither caught red-handed while demanding nor while accepting any illegal gratification. According to the petitioner, the amount was left in his office by a visitor who had come in connection with his mother's family pension. However, the petitioner was arrested on 13.03.2026 and remanded to judicial custody in connection with Crime No.02/AC/2026, registered by the Inspector of Police, Vigilance and Anti-Corruption, Salem, under Section 7(a) of the Prevention of Corruption Act, 1988, as amended in 2018.

¶5Consequently, by proceedings dated 14.03.2026, the petitioner was placed under suspension with effect from 13.03.2026. Even after the lapse of several months, no charge memo has been issued to the petitioner. The Page3 of 5 investigation has also not been completed and no final report has been filed before the competent Court.

¶6The petitioner would submit that the Hon'ble Supreme Court in Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, has held that prolonged suspension of a Government servant is undesirable and that, wherever possible, the employee may be posted to a non-sensitive post pending disciplinary or criminal proceedings. Therefore, the petitioner's suspension ought to have been reviewed in accordance with law.

¶7Accordingly, the petitioner submitted a representation dated

25.06.2026 seeking review and revocation of the order of suspension by placing reliance on G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, G.O.(D) No.450, Municipal Administration and Water Supply Department, dated 01.08.2023, and the judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary cited supra. However, no orders have been passed on the said representation to date. Hence, the present Writ Petition.

¶8Heard the learned counsel on either side and perused the records.

¶9Considering the limited relief sought by the petitioner and in the Page4 of 5 absence of any serious objection from the learned counsel appearing for the respondents, this Court, without going into the merits of the case, directs the respondent to consider and pass appropriate orders on the petitioner's representation dated 25.06.2026, in the light of G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, G.O.(D) No.450, Municipal Administration and Water Supply Department, dated 01.08.2023, and the judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary cited supra, within a period of 4 weeks from the date of receipt of a copy of this order.

¶10Accordingly, the writ petition is disposed of. No costs. 22-07-2026 Index: Yes/No Speaking/Non-speaking order SHR To The Revenue Divisional officer Mettur 636 401 Salem district Page5 of 5 P.T.ASHA J. SHR 22-07-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA R.Bakkiyaraj ..Petitioner(s) Vs The Revenue Divisional officer Mettur 636 401 Salem district ..Respondent(s) Prayer: -Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus Directing the Respondent to review the suspension order vide Roc. 865 / 2026 / B dated 14.03.2026 as per the government order vide G.O. Ms. No 81, human Resources Management (N) Department, dated 04.08.2022 and by considering the representation dated 25.06.2026. For petitioner(s): Mr.P.Ganesan For Respondent(s): Mr.A R Balaji, Govt. Advocate