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Dr.S.ANANDKUMAR (ASSOCIATE PROFESSOR)     25 October 2012

Can an officer be suspended on a sub-judice matter

Please, counsel me regarding my grievance. I am Dr.S.ANANDKUMAR, serving as an Associate Professor in a Govt. Agricultural College. I was instructed to shift an Audio-Visual Lab. I was denied a staff room meant for a Professor which was I was provided in 2008. This time they have kept that room under lock & key. Instead, they have stuffed inside the waste & scrap instead of giving me that room. I have issued a notice to them u/s 80 cpc regarding injuction not to shift me untill office room with proper attached toilet is provided to me. They threatened me. So, I have to file a suit for injunction. Honb'le Principal District Munisif Court issued notice to them. Aftter that they have suspended me from job. Later, they evicted my room and kept all the things in another ordinary room. I am under suspension, now. Is this legal? It would be useful if this forum helps me by providing some court orders that suggest that suspending an officer for sub-judice matter is illegal. Or something like that.



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 7 Replies

Sanyam Malhotra (Advocate)     25 October 2012

what reasons did they give for suspending you?

Dr.S.ANANDKUMAR (ASSOCIATE PROFESSOR)     25 October 2012

"Disobedience to the order of the Head of Department & of Dean to shift AV Lab.," was the point they mentioned on the subject line of the order. There was no eloborate mention of any reason, but for this simple mention in the subject line of the suspension order.

Dr.S.ANANDKUMAR (ASSOCIATE PROFESSOR)     25 October 2012

However, disobedience doen't arise because I have taken recourse to legal means by moving the court for justice by issuing an advocate notice and filing a suit in the court of law.

Sanyam Malhotra (Advocate)     26 October 2012

 

well the department can put you on suspension because of non compliance of order of HOD or whatever reason they want to attribute.. as departmental inquiry is independent of a court case which you have filed against them and also independent of any case they might file against you... both can continue at the same time..

departmental proceedings and moving a court of law are mutually exclusive... what kind of case have you filed against the department?? if you have not done anything wong... do not fear... approach an advocate to file a writ petition of  mandamus for a suitable direction to the department and allege malafide, bias or whatever grounds are fit in your case, therein.

i would advise you to get in touch with an advocate at the earliest.

Dr.S.ANANDKUMAR (ASSOCIATE PROFESSOR)     27 October 2012

Im to reiterate that in this case, noncompliance dosen't arise because I have taken recourse to legal means by moving the court for justice by issuing an advocate notice and filing a suit in the court of law. Is seeking justice from court for a grievance is noncompliance? How they can suspend an officer disobeying the Code of Civil Procedure and the Notice issued by the Honb'le Court and the same matter is sub-judice? What respect they have for the Code & the Court?

I have already filed a writ of Certiorified Mandamus to set aside that suspension order before the Honb'le High Court. That writ is coming up for final hearing next week. 

However, it would be useful if this forum helps me by providing some court orders that suggest that suspending an officer for sub-judice matter is illegal / ultravires. Or something related to that.

Sanyam Malhotra (Advocate)     27 October 2012

if your matter is coming up for final hearing next week then  be patient and wait for the result and ask your advocate to assist you and urge the court of what has transpired in the meantime.... you have moved the court only after you were suspended not before... there is no point in venting your frustration here on the LCI forum... whether non compliance on your part regarding shifting/non shifting of AV lab is for real or not is now for the Court to decide.. it would be a disputed question amongst you and the opposite party. 

Sudhir Kumar, Advocate (Advocate)     27 October 2012

Apparently department is going on wrong side they may be acting arbitrarily. 

 

However, you appear tio be onfusing suspension and your court case.  Anyone symnpathysing with you should not advise you without seeing the papers.

 

In such like cases the suspension is a paid holiday and you are liberated from day to day duties and free for attending court case.


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