The Madurai Bench of the Madras high court today refused to interfere with the suspension of a Sub Inspector of Police in a dowry case, saying competent authorities have powers to suspend the employee.
Dismissing the petition by K Annadurai, who was charged of demanding 150 sovereigns of jewels and Rs 10 lakh cash from a constable whom he had married, Justice S Vaidyanathan said the criminal case against the petitioner was pending in the court and both the departmental proceedings as well as criminal case could go on simultaneously.
"Only in cases of grave nature or involves the question of fact or law which are not simple it would be advisable for the employer to await the decision of the trial court so that the defence of the employee in the criminal case may not be prejudiced", the judge said.
"If criminal proceedings are not initiated or concluded within one year from the date of suspension there was no hindrance on the part of the employer to proceed with the departmental proceedings on day-to-day basis and bring the issue to a logical conclusion within six months, and the employee would have participate in the departmental proceedings and should not attempt to dilatory tactics."
The judge said it was open for the DIG, Armed Police Tiruchirappalli and Commandant, TSP, to issue charge sheet and complete inquiry, if any commenced, within six months.
The petitioner submitted that if the departmental proceedigns were allowed to continue, he would not be in a position to defend the criminal case effectively and in a proper perspective, as both were on same facts.
