By consent of both parties, the writ petition itself is taken up for final disposal.
2.While the petitioner was serving as Assistant in the office of the Joint Director of Health Services, Tirunelveli @ Tenkasi, he was placed under suspension, from 18.07.2013 by the respondent vide proceedings in Ref.No.45859/SC1/12013 dated 22.07.2013, under Rule 17 (e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, on allegation that the petitioner demanded a sum of Rs.10,000/- to give the same to the Joint Director of Health Services, for getting the relieving order.
3.The learned counsel for the petitioner would submit that the Vigilance and Anti corruption Department have completed their investigation and thereupon filed the charge sheet on 28.08.2014 before the learned Chief Judicial Magistrate cum Special Judge, Tirunelveli. However, the trial is yet to commence.
4.Since, the petitioner was kept under prolonged suspension, he has given representations to revoke his suspension on various dates namely 21.12.2013, 28.02.2014, 22.04.2014, 07.07.2014, 27.08.2015, 02.11.2015, 18.03.2016, 06.04.2016 and 18.05.2017. But, till date, the respondents have not come forward to revoke the suspension order. However, they have chosen to enhance the subsistence allowance vide proceedings in Ref No.45859/SC1/1/2013 dated 16.08.2016. As four years have passed, the respondents have not come forward to revoke the suspension order. Even, G.O.Ms.No.40, P & A.R. (N) Department dated 30.01.1996 states that the period of suspension shall not extend more than six months as per Clause 4 (iii). Since there is no response for any one of the petitioner's representations mentioned as above, the petitioner has come to this Court with the present writ petition.
5.The Division Bench of this Court in W.P.Nos.29195 of 2010 etc., relying on the judgment of the Apex Court in the case of Ajay Kumar Choudhary Vs. Union of Indian reported in 2015 7 SCC 291, has held that period of suspension should not extend beyond three months.
6.Hence, this Court following the order of the Division Bench of this Court, hereby directs the respondent to consider the representations of the petitioner in the light of the judgment of the Apex Court in the case of Ajay Kumar Choudhary Vs. Union of Indian reported in 2015 7 SCC 291, within a period of four weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of with the above direction. No Costs. Consequently, the connected miscellaneous petition is closed.
To The Director of Medical and Rural Health Service, O/o. Directorate of Medical and Rural Health Services, Chennai ? 600 006.
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