WP(MD). No.19554 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/07/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR WP(MD). No.19554 of 2026 and WMP(MD)Nos.14463 and 14465 of 2026 Jothilakshmi ... Petitioner Vs 1. The District Collector, Dindigul. 2. The District Rural Development Officer Panchayath, Dindigul District, Dindigul. 3. The Block Development Officer, Dindigul Union Village Panchayath, Dindigul. ... Respondents 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 Na.Ka.No.2761/2025/UU2 dated 18.07.2025 and quash the same as illegal and consequently directing the third respondent to reinstate petitioner as a village Panchayat clerk at Dindigul Union Village Panchayat board office, Dindigul District and for other reliefs. 1/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 For Petitioner : Mr.P.Manikandan For Respondents : Mr.M.Dinesh Hari Sudarsan Counsel for Government of Tamil Nadu(Civil Side) ORDER The petitioner, while working as Panchayat Clerk, was involved in a criminal case, which was registered in Crime No.7 of 2025 on the file of the Vigilance and Anti-Corruption Police Station, Dindigul District, for the offences under Sections 7(a), 12 r/w 7(a) of P.C. Act (Amendment) 2018. In the light of the same, the petitioner was arrested and remanded to judicial custody. Consequence thereof, the petitioner was placed under suspension vide proceedings in Na.Ka.No.2761/2025/ UU2 dated 18.07.2025 and the petitioner is being continued under suspension since then. 2. According to the learned counsel for the petitioner, the respondents have not issued any charm memo as on date. But the respondents have chosen to keep the petitioner under suspension indefinitely, thereby causing serious prejudice to the petitioner. 2/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 3. On the other hand, Mr.M.Dinesh Hari Sudarshan, learned Counsel for Government appearing for the respondents, on instructions, submits that the respondents are contemplating to initiate disciplinary proceedings under Rule 17-b of Tamil Nadu Civil Services (Discipline and Appeal) Rules shortly and they are awaiting for a report from the Vigilance and Anti-corruption Department. He also submits that the respondents would review the orders of suspension in the light of the guidelines issued by the Government in G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022. 4. In the light of the above, especially, taking into consideration the orders issued by the Government in G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022 laying down certain guidelines to avoid prolonged suspension and for conclusion of disciplinary proceedings in a time bound manner, this Court is of the view that the third respondent is under an obligation to review the orders of suspension on expiry of three months of the date of suspension and submit necessary report to the higher authorities. But in the instant case, the third respondent appears to have failed to discharge his legal duty in 3/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 terms of G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022. 5. The guidelines laid down by the Government in paragraph No. 11 G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022 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 concemed must be clear in mind that it is necessary, Prolonged suspension means that 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 4/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 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 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 felt 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 the 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 5/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 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. (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 or under Rule 3(b) of the Tamil Nadu Police Subordinate 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 (vii) above shall be made by the competent authority 6/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 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 and the disciplinary authority is not in a position to finalize the departmental disciplinary proceeding and if the criminal case is based on theon vigilance report and is pending before the court of law for which no reasons are explained explicitly, the authority compelent may take a decision by laking up review of suspension and post the Government Servant in a non-sensitive place in consultation with the appropriate investigating authority / Vigilance Commission 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 delay in serving the memorandam of charges / charge sheet. The decision of the Hon'ble High Court of Madras 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.” 7/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 6. In the light of the above, this writ petition is disposed of directing the third respondent to review the orders of suspension dated 18.07.2025 in the light of the guidelines laid down by the Government in G.O.(Ms.)No.81, Human Resources Management(N) Department dated 04.08.2022 and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this order. In case, the respondents intend to initiate any disciplinary proceedings, they shall initiate and conclude the same as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 13.07.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM 8/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 To, 1. The District Collector, Dindigul. 2. The District Rural Development Officer Panchayath, Dindigul District, Dindigul. 3. The Block Development Officer, Dindigul Union Village Panchayath, Dindigul. 9/10 https://www.mhc.tn.gov.in/judis WP(MD). No.19554 of 2026 MUMMINENI SUDHEER KUMAR,J CM WP(MD). No.19554 of 2026 and WMP(MD)Nos.14463 and 14465 of 2026 Date : 13/07/2026 10/10 https://www.mhc.tn.gov.in/judis