There is nothing illegal about government servants being placed under suspension on the last day of their service, the Madras high court has said, refusing to quash the suspension of a civil supplies officer on the eve of his retirement.
Justice S Vaidyanathan, dismissing the petition filed by V Murugan, who was slapped with five charges a few days ahead of his April 1, 2015 retirement and placed under suspension on March 30, said: "There is no hard and fast rule that an employee cannot be placed under suspension on the last day of his service. If the prayer of this petitioner is allowed, then persons like him may commit misconduct during the last month of their service and take a plea that no charge memo or suspension order can be levied against the employee."
As long as there is an employee-employer relationship, the employer has got every right to issue charge memo and place the employee under suspension and proceed against the employee as per rules and regulations, Justice Vaidyanathan said.
Murugan challenged validity of charge memos dated March 6 and 27, and the suspension order dated March 30. He wanted the court to quash the orders, and direct the authorities to extend all monetary benefits, pending salary, leave benefits and all other terminal benefits with continuity of service to him.
The department, however, submitted that Murugan was issued charge memos in the first week of March, 2015 and one day prior to his retirement, he was placed under suspension. Noting that the regional manager of Tamil Nadu Civil Supplies Corporation was competent to issue suspension orders, it said one of the five charges against Murugan was that even without attending the office he signed the attendance register.
Justice Vaidyanathan, asking the authorities to review the suspension order periodically, said the authorities could issue him a chargesheet and complete inquiry "as early as possible, preferably within one year." It is also open to the authorities to conduct the inquiry proceedings on day-to-day basis, he said.
Justice S Vaidyanathan, dismissing the petition filed by V Murugan, who was slapped with five charges a few days ahead of his April 1, 2015 retirement and placed under suspension on March 30, said: "There is no hard and fast rule that an employee cannot be placed under suspension on the last day of his service. If the prayer of this petitioner is allowed, then persons like him may commit misconduct during the last month of their service and take a plea that no charge memo or suspension order can be levied against the employee."
As long as there is an employee-employer relationship, the employer has got every right to issue charge memo and place the employee under suspension and proceed against the employee as per rules and regulations, Justice Vaidyanathan said.
Murugan challenged validity of charge memos dated March 6 and 27, and the suspension order dated March 30. He wanted the court to quash the orders, and direct the authorities to extend all monetary benefits, pending salary, leave benefits and all other terminal benefits with continuity of service to him.
The department, however, submitted that Murugan was issued charge memos in the first week of March, 2015 and one day prior to his retirement, he was placed under suspension. Noting that the regional manager of Tamil Nadu Civil Supplies Corporation was competent to issue suspension orders, it said one of the five charges against Murugan was that even without attending the office he signed the attendance register.
Justice Vaidyanathan, asking the authorities to review the suspension order periodically, said the authorities could issue him a chargesheet and complete inquiry "as early as possible, preferably within one year." It is also open to the authorities to conduct the inquiry proceedings on day-to-day basis, he said.
Article referred: http://timesofindia.indiatimes.com/city/chennai/Suspension-on-last-day-at-work-not-illegal-HC/articleshow/47401699.cms
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