There is no hard and fast rule that a government employee cannot be placed under suspension on the last day of his service since the power to suspend can be exercised any time until the cessation of employee-employer relationship, the Madras High Court Bench here has said.
Justice S. Vaidyanathan made the observation while dismissing a writ petition filed by a Tamil Nadu Civil Supplies Corporation employee, V. Murugan of Tuticorin, who was suspended a day before his retirement due on April 1 pending enquiry into certain charges levelled against him on March 6 and 27.
Wrong signal
“If the prayer of this petitioner is allowed, then persons like him may commit misconduct during the last month of their service and take a plea that no charge memo or suspension order can be issued against them at the last moment when they are about to retire from service,” the judge said.
He went on to state: “As long as there is an employee-employer relationship, the employer has got every right to issue a charge memo and place the employee under suspension and proceed against the employee in terms of the rules and regulations even after cessation of the relationship.”
Not a punishment
Further, pointing out that suspension was not a punishment but only a temporary measure taken to enable a free and fair enquiry into the charges levelled against the employee, the judge directed the TNCSC to complete the enquiry against the petitioner as early as possible.
Justice S. Vaidyanathan made the observation while dismissing a writ petition filed by a Tamil Nadu Civil Supplies Corporation employee, V. Murugan of Tuticorin, who was suspended a day before his retirement due on April 1 pending enquiry into certain charges levelled against him on March 6 and 27.
Wrong signal
“If the prayer of this petitioner is allowed, then persons like him may commit misconduct during the last month of their service and take a plea that no charge memo or suspension order can be issued against them at the last moment when they are about to retire from service,” the judge said.
He went on to state: “As long as there is an employee-employer relationship, the employer has got every right to issue a charge memo and place the employee under suspension and proceed against the employee in terms of the rules and regulations even after cessation of the relationship.”
Not a punishment
Further, pointing out that suspension was not a punishment but only a temporary measure taken to enable a free and fair enquiry into the charges levelled against the employee, the judge directed the TNCSC to complete the enquiry against the petitioner as early as possible.
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