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Pac (Manager)     29 September 2010

Need ways to revoke suspension of government employee?

An employee of Tamil Nadu government was suspended from service 10years ago due to a 498a complaint lodged by his wife. But he was on bail and his close relatives were acquitted from charges by the court, sadly  his 498a case has not been resolved. Before the matrimonial issues, he had sponsored the wife to study and also placed her in a job who is earning handsomely now. His children are married and he is separated from his wife and is a dependent of his siblings.

1. He wants to retain the job and for which what are the options available?

2. Is there any judgements/circulars/GOs to support his case like revokation of suspension of government employees due to matrimonial isses?

Thanks for your help.


 11 Replies

niranjan (civil practice)     29 September 2010

As he is under suspension he must be getting half salary. This is quite long period that paying him without any work,which is not thepolicy of the govt. It would be better if he files writ before the HC and he will be taken back in service.


Governments are not supposed to meddle with personal matters. And they do not. This is an exceptional case with which proves that the government under consideration has nothing better to do but keep a watch on family matters of its employeees.

Kirti Kar Tripathi (lawyer)     02 October 2010

Since, he is under suspension his employment has not been terminated. It is very strange as to why the government has not  taken final decision till date. He can file a writ petition and pray for quashing of his suspension.

1 Like

jayanth (student)     12 November 2010

my father was suspend for 2001 for vigilance case . in TAHDCO dept., half salary only come  no improvement in case  what are yoy doing now if any government order to appoint the job for pending case.and what allowance are clamined to department.............plese reply very urgent

Isaac Gabriel (Advocate)     16 November 2010

Suspension is not warranted since the complaint is on private affairs. As per instructions , the Government need to wait till the disposal of the private complaint. Take the advise of Mr.Tripathi and file a writ petition for rervoking the suspension

Kirti Kar Tripathi (lawyer)     17 November 2010

Dear jayanth Your father is entitled 3/4 salary as suspension allowance after three months of suspension. since the matter pertains to very long period and till date it has not be resolved and even suspension amount has not been paid in accordance with law. your father is advise to file writ. most probably the writ will allowed. with best wishes.

1 Like

Sudhir Kumar, Advocate (Advocate)     16 January 2012

Both the queries pleae intimate whether the supension is being reviewed after every three months.

Isaac Gabriel (Advocate)     17 January 2012

Reviewing suspension every three months is a formality and the departmental heads never venture to revoke suspension and refer the case to Government  for instructions since court case is pending. The Government has also instructed to revoke suspension pending court case to avoid unnecessary payment of subsistance allowance as quoted by expert Kirti Kar trpathi You can send representation to the Government pointing out the circumstances and plead for revocation of suspension.If not complied with, better file a writ .

Sudhir Kumar, Advocate (Advocate)     20 August 2012

Both the quesrists have not stated if they have represented/appealed against the suspension to the Appellate Authroity.  if not then moving to court at this stage will be futike.

Raja (IT professional)     08 March 2013

Hi Experts here, My father is under suspension on a vigilance case for past 3 months. He has only more than a year due to complete his service. Is there a possibility he can rejoin the service by revoking the suspension at the earliest. He has a very good service record and got in to this because of some higher officials not liking him.

Sudhir Kumar, Advocate (Advocate)     08 March 2013

You have not stated facts of the case.  This is not astroogical forum.

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