Holding that keeping an official under suspension for a long time and allowing him to draw his subsistence allowance or salary without extracting any work will be a loss to the public exchequer, the Madras high court has directed the state home secretary to revoke his order of suspending a DSP in Dindugul district and re-instate him.
Disposing of the petition from the DSP, D. Gunasekaran, Justice S. Nagamuthu however made it clear that the revocation of suspension shall not be an impediment for the government to pass final orders in the disciplinary proceedings.
According to the petitioner, while he was working as a DSP at Oddanchatram sub-division, he received information on April 7, 2011, that the officers involved in the election process, were not allowed to leave by a local political leader Muralidaran along with 500 people. He rushed to the spot and rescued the officers and a case was registered against the accused.
The accused moved the Madurai Bench and obtained anticipatory bail. While so, the home secretary passed an order dated April 12, 2011 suspending him. Subsequently a charge memo was issued.
The enquiry officer after holding enquiry held that the lone charge against the petitioner that he did not arrest the accused, which paved the way for the accused to get anticipatory bail was not proved. Now, the matter was pending before the government, he added.
Baladaisy, counsel for the petitioner, submitted that the continued suspension of the petitioner was unnecessary as the enquiry officer has held that the charge has not been proved.