Bench finds factual errors in single judge’s order

THE HINDU

Finding factual errors in an order passed by a single judge in a case related to suspension of a government servant, a Division Bench of the Madras High Court Bench here has agreed with the litigant that he would certainly get affected due to the sweeping observations made by the judge and consequent directions issued by him on the basis of the erroneous findings.

Partly allowing a writ appeal filed by R. Ramasundaram, Justices S. Manikumar and C.T. Selvam pointed out that the Personal Assistant (General) to Tiruchi Collector had suspended the appellant under Tamil Nadu Civil Services (Discipline and Appeal) Rules on the ground that a criminal case had been registered against him under Section 380 (theft in a dwelling house) of Indian Penal Code.

The suspension order was passed on June 5, 2014 and since nothing transpired for long thereafter and no departmental proceedings were initiated against him, the appellant made a representation to the Collector on April 16, 2015 to revoke the order.

He also filed a writ petition seeking a direction to the Collector to consider the representation within a stipulated period of time.

Erroneous observation

Disposing of the writ petition on June 26, the single judge erroneously observed in his order that a charge memo had been issued to the petitioner after his suspension and held that the High Court could not intervene in the departmental enquiry.

He went on to direct the Collector to conduct the enquiry on a day-to-day basis and complete it within a year.

Not in agreement with the order, the Division Bench said: “Going through the materials on record we find that no disciplinary proceedings have been initiated.”

It gave liberty to the appellant to the approach the Collector once again for revocation of the suspension order subject to the outcome of the criminal case and left it open to the officer to decide the course of action to be adopted.

The judge erroneously observed that a charge memo was issued to petitioner after his suspension