S.Ramesh v. The Revenue Divisional Officer

O R D E R

The petitioner, who is working as a Village Administrative Officer, Authoor has been placed under suspension on 08.08.2025, pursuant to his involvement in a criminal case in Crime No.9 of 2025, on the file of Vigilance and Anti Corruption, Dindigul District, for the offence under Section 7(a) of Prevention of Corruption Act, 1988 (Amendment Act, 2018). The grievance of the petitioner is that though the suspension order was issued on

08.08.2025, it was not reviewed even after a period of six months. Therefore, the petitioner has submitted a representation and approached this Court, challenging the order of suspension.

2.The learned counsel appearing for the petitioner by relying upon the order passed by the Honourable Supreme Court, in Ajay Kumar Choudhary Vs.Union of India, reported in (2015) 7 SCC 291 submits that the suspension could not continue for more than three months, if, within that period, no charge memo was served on the employee concerned. Further, it was also held that if a charge memo is served, then a reasoned order must be passed for the extension of the suspension beyond the period of 90 days.

3.Mr.C.Venkatesh Kumar, learned Special Government Pleader takes notice for the respondents and submits that this petitioner has been arrested by Vigilance and Anti Corruption Department, in connection with a case in Crime No.9 of 2025 for the offence under Section 7(a) of Prevention of Corruption Act, 1988 (Amendment Act, 2018). Therefore, he was placed under suspension, under Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules on 08.08.2025 pending disciplinary proceedings. According to him, the investigation in Crime No. 9 of 2025 has not been concluded and they have not issued any charge memo till date.

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.Pendency of a criminal case is not a bar for the department to proceed with the departmental proceedings. The Government has issued a compendium of instructions prescribing the time limit for finalization of disciplinary proceedings, vide G.O. 81, Human Resources Management (N) Department, dated

04.08.2022. The Government has also issued certain guidelines for simultaneous departmental disciplinary proceedings, pending criminal cases as against the delinquent officers, vide G.O(Ms)No. 66, Human Resources Management (N) Department, dated

06.07.2022.

6.In view of the above, this writ petition is closed with a direction to the respondents to take necessary steps to conclude the disciplinary proceedings as per the guidelines issued by the Government in the aforementioned Government Orders as expediously as possible, preferably within a period of eight months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.

13.02.2026 NCC: Yes/No Index:Yes/No Internet:Yes vrn To The Revenue Divisional Officer, O/o. of the Revenue Divisional Officer, Dindigul.

W.P(MD)No.4129,of,2026 B.PUGALENDHI,oJ. vrn Orderomadeoin W.P(MD)No.4129oofo2026oand WMP(MD)oNos.3442o&o3443oofo2026

13.02.2026 oo

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.4129 of 2026 and WMP(MD) Nos.3442 & 3443 of 2026 S.Ramesh ... Petitioner Vs The Revenue Divisional Officer, O/o. of the Revenue Divisional Officer, Dindigul. ...Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS, calling for the records relating to the Impugned Suspension Order passed by the Respondent vide his Proceedings in Roc. No.7548/2025/A2, dated 08.08.2025 and quash the same as illegal and consequently directing the respondent to resume his work as a Village Administrative Officer at Ayyampalayam Village, Authoor Taluk, Dindigul District and for other reliefs. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader