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2026 DAILYLAW 49571 (MAD)

Surya Prakash S v. The Chief Secretary

WP(MD)/19217/2026 · 2026-07-09

Mummineni Sudheer Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD). No.19217 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR WP(MD). No.19217 of 2026 and WMP(MD)No.14217 of 2026 Dr.S.Surya Prakash ... Petitioner Vs 1. The Chief Secretary, Government of Tamil Nadu, Namakkal Kavignar Maaligai, Secretariat, Fort St. George, Chennai - 600 009. 2. The Inspector General of Police (IG), Central Zone, TVS Tollgate Road, Opposite Jamal Mohamed College, Tiruchirappalli - 620 020. 3. The Deputy Superintendent of Police / Investigation Officer, District Crime Branch, District Police Office (DPO) Complex, Thanthonimalai,Karur - 639 007. 4. The Deputy Superintendent of Police / Investigation Officer, District Crime Branch, Pudukkottai Road, Subramaniapuram,Tiruchirappalli - 620 020.. ... Respondents 1/8 https://www.mhc.tn.gov.in/judis WP(MD). No.19217 of 2026 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 comprised in G.O. (2D) No.30 dated 07.03.2025 on the file of the first respondent and quash the same and consequently direct the respondents to reinstate the petitioner into service. For Petitioner : Mr.M.P. Srivignesh For Respondents : Mr.C.Jeganathan Counsel for Government of Tamil Nadu ORDER This writ petition has been filed for writ of certiorarified mandamus, to quash G.O.(2D) No.30 dated 07.03.2025 on the file of the first respondent and for consequential direction to the respondents to reinstate the petitioner into service. 2. While the petitioner was working as Special District Revenue Officer (Land Acquisition) in TIDCO, he was involved in a criminal case, which was registered in Crime No.9 of 2024 dated 23.10.2024 by the District Crime Branch, Karur District, for the offences punishable under Sections 120B, 406, 420, 465, 468 and 471 IPC along with six 2/8 https://www.mhc.tn.gov.in/judis WP(MD). No.19217 of 2026 others. In connection with the said crime, the petitioner was arrested on 14.03.2025 and was released on bail on 14.05.2025 after two months of judicial custody. In the light of the same, through the impugned proceedings dated 07.03.2025, the petitioner was placed under suspension and the petitioner claims to have submitted representations dated 15.04.2025 and 15.05.2026 before the first respondent requesting for revocation of the suspension. However, according to the learned counsel for the petitioner, no action has been taken on the said representations of the petitioner. Aggrieved by the said order of suspension, the petitioner has approached this Court by filing the present writ petition. 3. The learned counsel for the petitioner contends that the petitioner has been continued under suspension for more than one year without any review or reconsideration by the first respondent as to whether the petitioner's continued suspension is necessary or is in the public interest or not. 4. Mr.C.Jeganathan, learned Counsel for Government, who took 3/8 https://www.mhc.tn.gov.in/judis WP(MD). No.19217 of 2026 notice for the respondents, on instructions, submits that the petitioner involved in a serious crime touching the moral turpitude and therefore, this is not a case for revocation of suspension pending criminal proceedings against the petitioner. 5. This Court has carefully considered the submissions made on either side and also perused to the entire material on record. 6. Prolonged suspension has been deprecated by this Court as well as by the Hon'ble Apex Court time and again. The Hon'ble Apex Court in Ajay Kumar Choudhary vs. Union of India reported in (2015) 7 SCC 291 held that the prolonged suspension beyond three months is not in public interest and the same is required to be reviewed by the competent authority and reasons are required to be recorded for continuing a Government servant under suspension beyond three months as the prolonged suspension would cause loss to exchequer without extracting work from the concerned employee. 7. Taking into consideration the law laid down by the Apex Court 4/8 https://www.mhc.tn.gov.in/judis WP(MD). No.19217 of 2026 in Ajay Kumar Choudhary vs. Union of India reported in (2015) 7 SCC 291, the Government itself issued a Government Order in G.O. (Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022 directing all competent authorities to review orders of suspension on expiry of three months period of suspension and to submit a report to the higher authorities and accordingly laid down certain guidelines in the said Government Order. 8. In the instant case, it is only the first respondent has placed the petitioner under suspension, the same principle would apply to the first respondent as well. The first respondent is under obligation to review the order of suspension and consider whether the continuance of the petitioner under suspension beyond one year is in the public interest and in case, the petitioner is not reinstated into service, the same would cause any prejudice to him or not. This exercise is required to be undertaken by the first respondent. 9. In the light of the above, this writ petition is disposed of, directing the first respondent to consider the representations dated 5/8 https://www.mhc.tn.gov.in/judis WP(MD). No.19217 of 2026 15.04.2025 and 15.05.2026 submitted by the petitioner and examine whether the continuance of the petitioner under suspension beyond the period of suspension anymore is in the interest of public or not and take a conscious decision duly recording reason and pass appropriate orders either way 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 petition is closed. 09.07.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM TO 1. The Chief Secretary, Government of Tamil Nadu, Namakkal Kavignar Maaligai, Secretariat, Fort St. George, Chennai - 600 009. 2. The Inspector General of Police (IG), Central Zone, TVS Tollgate Road, Opposite Jamal Mohamed College, Tiruchirappalli - 620 020. 6/8 https://www.mhc.tn.gov.in/judis WP(MD). No.19217 of 2026 3. The Deputy Superintendent of Police / Investigation Officer, District Crime Branch, District Police Office (DPO) Complex, Thanthonimalai,Karur - 639 007. 4. The Deputy Superintendent of Police / Investigation Officer, District Crime Branch, Pudukkottai Road, Subramaniapuram,Tiruchirappalli - 620 020.. MUMMINENI SUDHEER KUMAR,J CM WP(MD). No.19217 of 2026 and WMP(MD)No.14217 of 2026 7/8 https://www.mhc.tn.gov.in/judis WP(MD). No.19217 of 2026 09/07/2026 8/8 https://www.mhc.tn.gov.in/judis