Chennai: Revoking the suspension of IPS officers M.S.Jaffar Sait and Promod Kumar, the Madras high court has directed the state government to reinstate them into service in any one of the non-sensitive posts.
Pointing out their prolonged suspension for over five years and four years, a division bench comprising Justices K.K. Sasidharan and V. Prathiban upheld the order of the Central Administrative Tribunal, revoking their suspension and dismissed the petitions filed by the state government, challenging the order of the CAT.
Jaffar Sait held the position of Inspector General of Police (Intelligence) and Additional Director General of Police (Intelligence) in the DMK government between 2007 and 2011. The successor AIADMK government in 2011, initiated disciplinary proceedings and criminal action against him on allegation that he misused his official position in obtaining govt plots in the name of his family members and others.
Promod Kumar was accused of extortion, demand and receipt of bribe to help the Directors of Paazee Forex Trading India Ltd, a finance company, to avoid payment of money deposited by the innocent depositors and save the accused from criminal prosecution.
Based on the facts presented in front of them, the court was not satisfied with the evidence and proofs.
“The order of suspension was extended periodically more as a ritual without making any attempt to consider the issue objectively, taking into account the spirit of the Rules. We are therefore of the view that the extension of the suspension was not with valid reasons and it was an arbitrary exercise of power”, the bench added.
The bench quashed the disciplinary proceedings initiated by the state government against Promod Kumar on the sole ground of the charge memorandum not having been approved by the Disciplinary Authority (Chief Minister, holding the Home portfolio).
As observed by the Tribunal, the government was paying 75 percent of the salary to Promod Kumar without extracting any kind of work from him. It was not clear as to when the pending criminal proceedings would attain finality. These aspects were not taken note of by the government while passing orders periodically extending the period of suspension.
“In view of our finding that the charge memo is non-est in law, and the absence of an allegation of interference by the petitioner in the criminal as well as departmental proceedings, we confirm the order passed by the Tribunal, revoking the suspension”, the bench added.
