Prolonged suspension pending trial may be revoked where no specific allegation is made and a non-sensitive posting is feasible.

Continued suspension pending criminal trial was found unnecessary where the employee had remained under suspension for nearly five years, the investigation was complete, the charge sheet had been filed, and the trial had made little progress. The absence of the employee's name in the FIR and the lack of any specific allegation against him further supported revocation. Applying Rule 3(e)(5) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, the Court accepted that suspension could be revoked and the employee accommodated in a non-sensitive posting; the quashing of the suspension was sustained.

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Issues: Whether the respondent's continued suspension, pending criminal trial, should be revoked and the order of the learned single Judge quashing the suspension should be sustained.

Analysis: The respondent had remained under suspension for nearly five years, the investigation had been completed, and the charge sheet had already been filed, while the criminal trial had made little progress. The materials also showed that the respondent's name did not figure in the FIR and that there was no specific allegation against him, the main accusation being directed against another police officer. In these circumstances, continued suspension was found to be unnecessary. Rule 3(e)(5) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, which permits revocation of suspension, was applied to hold that the suspension could be revoked and the employee could be accommodated in a non-sensitive posting.

Conclusion: The order quashing the suspension was upheld and the writ appeal failed.

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