TAMIL NADU
GENERATION AND DISTRIBUTION CORPORATION LIMITED
(ABSTRACT)
Limitation
fixed on the period of suspension – Order of the Hon'ble Supreme Court of India
– Implementation in TANGEDCO – Orders – Issued.
(SECRETARIAT BRANCH)
(Per) CMD TANGEDCO
Proceedings No.90 Dated the 25th May,
2016.
READ:
1.
Memo.(Per)
No.1938/A18/A181/2010-1 (SB), dated 24.02.2010.
2. Memo.(Per)
No.13108/A18/A181/2010-1 (SB), dated 28.12.2010.
3. Memo.(Per)
No.10207/A18/A181/2012-1 (SB), dated 03.09.2012.
4. From the Government/P&AR (N)
Department, Letter No.13519/N/
2015-1, dated 23.07.2015.
******
PROCEEDINGS:
In the Memorandum first read above,
certain instructions were issued to all the Competent Authorities in connection
with review of suspension cases. Among other things, it was ordered that if the
period of suspension of an employee exceeds five years and the criminal
proceeding are not yet finalized, then, such case may be considered for
revocation of suspension, after following the due process, subject to the
outcome of the order of the Criminal Court.
2. In the Memorandum second read
above, certain additional guidelines were issued, wherein among other things,
it was ordered that the cases of "Trap and Arrest by the DV&AC"
in respect of Class-II and below category employees need not be reviewed at the
Circle Level in Quarterly Review Meetings until final recommendations/ findings
of Directorate of Vigilance and Anti-corruption were received. It was also
ordered that the suspension in respect of other cases, which has been made
based on the recommendations of the DV&AC may be examined/reviewed on the
merits of each and every one of such cases after the completion of DV&AC
inquiry and also based on their recommendations/findings.
3.
The Hon'ble Supreme Court of India, in its order dated 16.02.2015 in S.L.P.(C)
No.31761/2013 has directed that (i) the currency of a suspension order should
not extend beyond three months if within this period the Memorandum of Charges/
Charge Sheet is not served on the delinquent officer/employee; and (ii) if the
Memorandum of Charges/Charge sheet is served, a reasoned order must be passed
for the extension of suspension. Citing the said order, the Government of Tamil
Nadu, in its letter fourth read above, have requested all the Heads of
Departments to follow the said directions on the limitations in the period of
suspension. The said issue has been examined in detail and it has been decided
to follow the same in TANGEDCO.
4.
Accordingly, the following guidelines are issued to all the Competent
Authorities:-
(i) The currency of a suspension order in respect
of DV&AC cases should not extend beyond three months if within this period
the Memorandum of Charges/Charge Sheet is not served on the delinquent
officer/employee;
Contd..
..2..
(ii) If the Memorandum of Charges/Charge sheet is
served, a reasoned order must be passed for the extension of suspension.
(iii) Immediate action should be taken to revoke the
suspension in respect of cases satisfying condition (i) above. Pendency of
court cases filed by the delinquents for revocation of their suspension, shall
not be a bar for considering the revocation of suspension.
(iv) The posts which are non-sensitive
in nature, may be identified in each cadre for the purpose of posting the
employees concerned after revocation of suspension.
(v) The instructions issued in Memo.(Per)
No.10207/A18/A181/2012-1, dt.03.09.2012 stand cancelled.
(BY ORDER OF THE
CHAIRMAN-CUM-MANAGING DIRECTOR)
R.BALAJI,
SECRETARY.
To
All
Chief Engineers.
All
Chief Financial Controllers.
The
Chief Internal Audit Officer/Audit Branch.
All
Superintending Engineers.
Copy to:
The
Chairman-cum-Managing Director's Table.
The
Managing Director/TANTRANSCO.
All
Directors/TANGEDCO and TANTRANSCO.
The
Director General of Police/Vigilance/Chennai-2.
The
Legal Adviser/TANGEDCO /Chennai-2.
All
Deputy Secretaries/Secretariat Branch/Chennai-2.
All
Under Secretaries/Secretariat Branch/Chennai-2.
The
Chief Medical Officer/TANGEDCO Headquarters Dispensary/Chennai-2.
The
Asst.Personnel Officer/Tamil Dev. – for publication in the Bulletin (2 copies).
The
Assistant Personnel Officer/Headquarters/Adm.Branch (5 copies).
All
Unit Personnel Officers/Headquarters (5 copies).
All
Sections in Secretariat Branch/Chennai.
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