'Nothing illegal on govt servants being placed under

The Madras High Court bench in Madurai has declined to quash the retirement-time suspension order of a Civil Supplies Corporation officer, saying there was nothing illegal about government servants being suspended on the day of their superannuation.
"There is nothing illegal about government servants being denied peaceful retirement and being placed under suspension on the day of their superannuation," Justice S Vaidyanathan said while dismissing the petition of one V Murugan who was slapped with five charges a few days before his retirement on April 1 this year and placed under suspension on March 30.
Stating that there was no hard and fast rule that an employee cannot be placed under suspension on the last day of his service, the court said if the petitioner's prayer was allowed, "then persons like him may commit misconduct during the last month of their service and take a plea that no charge memo or suspension order can be levied against the employee."

The Judge further said that as long as there was an employee-employer relationship, the employer has every right to issue charge memo and place the employee under suspension and proceed against the employee as per rules.
Murugan, who was Tamil Nadu Civil Supplies Corporation Officer, had challenged the validity of charge memos and the suspension order.
He sought a direction from the court to quash the the orders and direct the authorities to extend all monetary benefits, pending salary, leave benefits and all other terminal benefits with continuity of service to him.

The department submitted that Murugan was issued charge memos in the first week of March 2015 and was suspended a day prior to his retirement.

Noting that the regional manager of the Corporation was competent to issue suspension orders, the department said one of the charges against Murugan was that he had signed the attendance register even without attending office.
Justice Vaidyanathan, who directed the authorities to review the suspension order periodically, said the authorities could issue him a charge sheet and complete the inquiry as early as possible, 'preferably within one year.'
"It is also open to the authorities to conduct the inquiry proceedings on a day-to-day basis, the judge said.