- (1.) The issue before the Single Judge in these matters was, whether the suspension of the Petitioner on the ground that he was involved in a Criminal case under the Prevention of Corruption Act can be set aside on the ground of prolonged suspension? Since, according to the Single Judge, there were conflicting Judgments of two Division Benches, he referred the matter to a Larger Bench. Accordingly, the Registry was directed to list the matter before the Larger Bench, after getting necessary orders from the Hon'ble Administrative Judge, along with the matter under reference.
(2.) The point posed by the Single Judge for reference before this Larger Bench is: "Whether the decision in C. Balasubramanian v. The Commissioner, Tiruchirapalli Corporation, Tiruchirapalli, and another,2011 1 CWC 319 (DB), W.A.(MD) No. 964 of 2010 dated 4.1.2011, is the correct position of law or the decision in The Deputy Inspector General of Police v. S. Govindaraj, 2012 1 CTC 124 (DB), is the exposition of the correct position of law ?"
(3.) Coming to the facts of the case, the Petitioner, a Village Administrative Officer of Koviloor Village, Alangudi Taluk, Pudukottai District, was arrested on 5.1.2012, in connection with a case in Crime No. 1 of 2012 on the file of the Inspector of Police, Vigilance and Anti-Corruption, Pudukottai, for the offences punishable under Sections 7 & 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, and remanded to judicial custody. Later, he was released on bail. The Revenue Divisional Officer, Pudukottai District, thereafter, passed an Order, placing the Petitioner under suspension. Subsequently, the Petitioner gave a representation to the Revenue Divisional Officer, seeking revocation of the Suspension Order, which was not considered. Pursuant thereto, he filed a Writ Petition in W.P.(MD) No. 5154 of 2012 on the file of this Court and the same was disposed of by an Order dated, 18.4.2012, directing the Second Respondent to consider the request of the Petitioner for revocation of suspension. Having considered the said request, the Revenue Divisional Officer, by his proceedings in Na. Ka. No. A3/181/2012, dated 10.9.2012, rejected the request and declined to revoke the Order of Suspension. Hence, the Petition in W.P.(MD) No. 17007 of 2012, which led to the reference before this Full Bench.;