2011 (11) TMI 875

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....ent was serving as Head Constable attached to Tiruppur South P.S., he was keptunder suspension under Rule 3(e)(1)(ii) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 [for short, "Rules"] by proceedings of the appellant dated 06.9.2006 on the ground of his involvement in a Criminal Case in Coimbatore V & AC Crime No. 16/AC/2006/CB filed under Section 7 of Prevention of Corruption Act, 1988. The charge against him was that he collected bribe from the complainant one Ponnuswamy, for return of his vehicle. After making a detailed representation and requesting for revocation of suspension, the first respondent /writ petitioner filed W.P. No. 3424 of 2007 challenging the order of suspension and this court, by ord....

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....nue under suspension. It is also her submission that if the respondent, who was arrested red handed for the act of acceptance of bribe, is released from suspension and allowed to rejoin duty, the Government's objective of maintaining probity in public administration will be belittled and that it would not only affect the morale of others in service but also would act as disincentive for the public servants, who are committed to honest conduct in public service. Finally, she submitted that as per the guidelines issued under Chapter VI of Hand Book on office Administration, when a charge sheet is filed against a Government servant who was under suspension and it has been taken cognizance of the Court and the matter is under trial, the que....

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....sheet has been filed before the Chief Judicial Magistrate, Coimbatore even as early as on02.3.2008 and taken on file in Spl. C.C. No. 7 of 2008,no progress has been made in the trial except examiningP.W.1, who sanctioned the prosecution against the respondent, which shows that it will take considerable time to complete the criminal trial. Therefore, we are of the view that continued suspension of the respondent is not necessary during the trial of the criminal case. 9. Further, it is not in dispute that the name of the respondent does not find place in the First Information Report nor is there any specific allegation against the respondent. On the other hand, there is a specific allegation in the FIR only against the Sub-Inspector of Pol....