Suspension is right in disciplinary proceedings: HC

Madurai Bench of the Madras High Court has held that there was nothing wrong in suspending an employee, pending disciplinary action, as such an action alone would help the employer to conduct the disciplinary proceedings without any interference.

PTI| Last Updated: Jul 28, 2014, 14:58 PM IST

Madurai: Madurai Bench of the Madras High Court has held that there was nothing wrong in suspending an employee, pending disciplinary action, as such an action alone would help the employer to conduct the disciplinary proceedings without any interference.

Dismissing a petition Sub-Registrar of Co-Operative M Anbalagan challenging his suspension for "misappropriation" of Rs 5.81 crore, Justice K K Sasidharan said the Judicial review in cases like this "is very limited".

The court was not expected to analyse the order of suspension, in the light of the chargesheet and to arrive at a conclusion as to whether the authorities were correct in passing the order of suspension.
"In matters like this the court should give freedom to the employer, who is the best judge to decide as to whether the employee should be placed under suspension pending initiation of disciplinary proceedings," the Judge said.

The petitioner, Special Officer of Thulaiyanatham Primary Agricultural Cooperative Society besides some others, had been suspended by the Joint Registrar of Cooperative Societies on May 23 last to recover "revenue loss" and as per the charge memo the only allegation against him was he failed to supervise the affairs of the society.

A charge of this nature would not justify suspension. The He was in no way responsible for the loss and as such he was unnecessarily dragged in the midst of the disciplinary proceedings, he contended.
The Joint registrar submitted that it was found during the inquiry that Rs 5.81 crore was misappropriated. Petitioner, being the Special Officer, should have taken efforts to curtail illegal activities of his subordinates but failed to do so. Hence he was suspended.

The petitioner, instead of facing the proceedings, rushed to the court with a view to keep the disciplinary proceedings in cold storage.