The Madras High Court has quashed the suspension of a driver in the Agricultural Department who was not allowed to retire because of the suspension order.
Quashing the suspension order, the court in its order said "The department is not justified in relying on the cases of this type to proceed against the petitioner as it has nothing to do with the service conditions and it is purely a matrimonial matter related to the daughter of the petitioner."
Allowing a petition filed by C.Govindan challenging the order of suspension and not allowing him to retire from service, Justice D. Hariparanthaman said the department has not chosen to place the petitioner under suspension when investigation and criminal trial was pending while he was in service.
Govindan, who was working as a driver in the Agricultural Department, got his daughter married to an advocate in Dharmapuri district in 2005. Two children were born to the couple but later the advocate filed a divorce petition.
Two criminal cases were filed against Govindan on the incidents that took place inside and outside the court premises when his son-in-law came to attend the cases, following which the department placed him under suspension and did not allow him to retire from service.
The department also initiated disciplinary proceedings against him and imposed a punishment of stoppage of three months increment. Two days prior to his retirement, the department revoked the punishment and served the suspension order and did not allow him to retire which made him approach the High Court.
Justice D. Hariparanthaman, who quashed the suspension order, said the department should have at the most waited for the outcome of the criminal cases filed against the petitioner.
"On the other hand, they proceeded with disciplinary action and imposed punishment. As the punishment was later revoked and the disciplinary proceedings initiated have also come to an end as per the affidavit filed on behalf of department, the order of suspension is liable to be quashed. Accordingly, it is quashed.
