W.P.(MD) No.19028 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2026 CORAM: THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD) No.19028 of 2026 and W.M.P.(MD) Nos.14064 & 14067 of 2026 S.Anuraj ... Petitioner -vs- 1.The District Collector Collectorate Ramanathapuram District 2.The Revenue Divisional Officer Ramanathapuram Ramanathapuram District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned suspension order in Roc/A1/1207/2026 dated 11.02.2026, on the file of the second respondent and quash the same as illegal and consequently directing the second respondent to revoke the suspension and reinstate the petitioner in the post of Village Administrative Officer in the light of the _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 guidelines issued in G.O.Ms.No.81, (Human Resources Development) dated 04.08.2022 within the time stipulated by this Court. For Petitioner : Mr.R.Venkatesan For Respondents : Mrs.K.Porkodi Counsel for the Government of Tamil Nadu O R D E R Mrs.K.Porkodi, learned counsel for the Government of Tamil Nadu, takes notice for the respondents. 2. With the consent of both sides, this writ petition is disposed of at the admission stage. 3. Heard the learned counsel for the petitioner and the learned counsel for the Government of Tamil Nadu appearing for the respondents. 4. The petitioner herein, while working as Village Administrative Officer at Pudumadam Village, Ramanathapuram District, was involved in a crime under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018, vide Crime No.1 of 2026, dated 08.02.2026 and he was arrested and _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 remanded to judicial custody. Consequently, the petitioner was placed under suspension vide impugned proceedings dated 11.02.2026 and he has been continued to be under suspension. Complaining inaction on the part of the second respondent in discharging his obligation under the Government Order in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022, the petitioner has approached this Court seeking review of his suspension. 5. Learned counsel for the petitioner contends that the criminal case, that was registered against the petitioner on 08.02.2026, is likely to take a considerable time for its conclusion and therefore, there is no necessity to keep the petitioner under suspension for a prolonged period and therefore, the petitioner is entitled for reinstatement into service in terms of the orders issued in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022. 6. On the other hand, learned counsel for the Government of Tamil Nadu appearing for the respondents, submits that the petitioner was placed under suspension only on 11.02.2026 and the criminal case registered against is also pending and so long as the said criminal case is pending, the _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 petitioner cannot ask for revocation of his suspension. She also further submits that the second respondent would undertake the exercise as contemplated under the Government Order in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022 and would pass appropriate orders. 7. In the light of the above, without going into the merits of the matter and taking into consideration the fact that the second respondent, who placed the petitioner under suspension, is under an obligation to record reasons in case if he decides to continue the petitioner under suspension and also to consider the case of the petitioner for revocation of his suspension in the light of the Government Order in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022, especially in Paragraph No. 11 of the said Government Order, which reads as under: 11.The Government, after careful examination, reiterates the guidelines issued in the Government Order second read above with slight modification as follows: (i) The power of ordering suspension should be exercised carefully and with restraint. Before a suspension order is issued, the authority concerned must be clear in mind that it is necessary. Prolonged suspension means that _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 Government pays a Government Servant without extracting any work from him. In view of the above position, the suspension should not be resorted to unless the concerned authority has considered all the relevant factors and recorded his reasoned conclusion that it is in the public interest to place the Government Servant under suspension. (ii) Where a Government Servant has been suspended on disciplinary proceedings contemplated, such proceedings should be initiated immediately and finalized normally within a period of six months. (iii) In cases, where a Government Servant has been suspended and the matter has been referred for investigation to the Director of Vigilance and Anti-Corruption for enquiry, the latter should complete the enquiry and send the report to Government through the Vigilance Commission within one year. (iv) In respect of cases referred to under Items (ii) and (iii) above, the authority who ordered the suspension or the Director of Vigilance and Anti-Corruption, as the case may be, should before the expiry of the period of three months, report the matter to the Head of the Department / Government, indicating the _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 progress of the disciplinary action / investigation by the Director of Vigilance and Anti-Corruption, the reasons for non completion of the work and the further time required for completing the disciplinary action / investigation and furnish reasons for continuing the suspension, if continued suspension is fell essential. If the authority which initiated action in the first instance is the Head of the Department, the report has to be sent to Government. (v) After initial report referred to in item (iv) above, reports should be sent to Government at the end of every three months, indicating the further progress, so as to enable the Government to review the suspension and the progress of the case, for such action as may be necessary to ensure expeditious disposal. (vi) The Head of the Department or the Government as the case may be will examine the cases with reference to the subject matter of the disciplinary action / investigation in progress and the reported stage of progress and permit the continued suspension beyond three months / six months. Where the Government itself, have ordered suspension, it will examine the case on the same lines and pass similar order. _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 (vii) The disciplinary authorities should ensure that the delay in processing the case is not due to delaying tactics of the Government Servant. They should ensure that all notices issued to the suspended Government Servant should reach him without any loss of time. (viii) When the disciplinary authority comes to a conclusion suo-motu or after conclusion of the investigation by the Director of Vigilance and Anti-Corruption, the disciplinary authority shall, while initiating action by issue of charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955, as the case may be, examine with reference to the facts established, which form the basis for the charges, whether public interest or the needs for further proceedings will require continued suspension of the Government Servant already under suspension. (ix) The time limits mentioned above will not be applicable to cases of Government Servants against whom criminal proceedings have been initiated. However, while sanctioning prosecution in such a criminal case, an examination similar to the one mentioned in item (viii) above shall be made by the competent authority. _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 (x) If, on examination of the case under items (vi), (viii) or (ix) above, continued suspension is considered not necessary, the suspension may be revoked in exercise of the powers conferred under Rule 17(e)(6) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules or under Rule 3(e)(5) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, as the case may be. (xi) In cases where the charge in the criminal case involves complicated questions of law and fact that the disciplinary authority is not in a position to finalize the departmental disciplinary proceeding and if the criminal case is based on the vigilance report and is pending before the court of law for which no reasons are explained explicitly, the authority competent may take a decision by taking up review of suspension and post the Government Servant in a non-sensitive place in consultation with the appropriate investigating authority / Vigilance Commission on case to case basis in view of the reason that prolonged suspension and paying subsistence allowance for a long period without extracting work is not at all acceptable. Such revocation of suspension can be made based on the facts of each case and after noticing the reason for the _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 delay in serving the memorandum of charges / charge sheet. The decision of the Hon'ble High Court of Madras in P.Kannan case, given in para 5 above, shall be taken into account. (xii) Suspension will continue to be in force unless it is revoked as mentioned under item (x) above.” this writ petition is disposed of directing the second respondent to undertake the exercise as contemplated in Clause (iv) of Paragraph No.11 of the Government Order in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022 and pass appropriate orders as expeditiously as possible, at any rate, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 07.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To: 1.The District Collector, Collectorate, Ramanathapuram District. _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. _______________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.19028 of 2026 MUMMINENI SUDHEER KUMAR, J. krk W.P.(MD) No.19028 of 2026 and W.M.P.(MD) Nos.14064 & 14067 of 2026 07.07.2026 _______________ https://www.mhc.tn.gov.in/judis