HC refuses to interfere with the suspension of Govt official

Madras High Court has refused to interfere with the order of suspension of an executive engineer of Tamil Nadu Water Supply and Drainage Board who is facing graft charges.
Justice D Hariparanthaman, while dismissing a petition by A Devaraj, an Executive Engineer of TWAD Board who is facing prosecution under Prevention of Corruption Act, in his order said, "Apart from duly considering the order of the High Court which earlier said to consider the representation of the petitioner to revoke the suspension, authorities also took note of the opinion given by the Superintendent of CBI and the legal adviser of the Department."

The TWAD Board suspended him on May 9 last year on the basis of a criminal case pending before the Principal Sessions Judge for CBI cases for the offences under Prevention of Corruption Act-1988.
When the Devaraj moved the High Court earlier seeking an order to revoke the suspension, the court directed the authorities to dispose of the representation.
As per the orders of the High Court, the authorities sought the opinion of CBI and legal adviser of the Department on the basis of the representation made by Devaraj.
The Legal Adviser and Superintendent of CBI advised not to revoke the suspension, which was challenged by Deveraj in the High Court.

He submitted that he is due to retire on May 31 this year and if he is continued to be placed under suspension, he would not be given terminal benefits.

He submitted that the authorities, instead of considering his representation for revocation of suspension, have sought the opinion of the Superintendent of CBI and the Legal Adviser of TWAD Board.
The Judge in his order said "there is no bar for the authorities to ask the Superintendent of CBI on the stage of the case. The legal adviser also opined to continue the suspension and it is not illegal to get an opinion from the Legal Adviser."

Dismissing the petition, the Judge made it clear that the court cannot interfere in the matter of suspension.