Court Directs Expeditious Disposal of Representation Against Prolonged Suspension and Stalled Departmental Enquiry

The petitioner, serving as a Secretary of Gram Panchayat Latuva, was placed under suspension by Respondent No. 2 via an order dated 14.07.2025

Subsequently, a charge sheet was issued on 25.08.2025 alleging certain irregularities

Although the petitioner submitted a detailed reply, no departmental inquiry was initiated, nor was the suspension revoked after a considerable lapse of time

The petitioner submitted a representation for revocation of suspension on 21.05.2026, which remained pending

Consequently, the petitioner approached the High Court seeking to quash the suspension order and for directions to conclude the departmental inquiry

1. Whether the respondent authority is obligated to decide upon the petitioner's pending representation regarding the revocation of his suspension within a stipulated timeframe.

The court relied on the administrative principle of timely adjudication of service matters and the requirement for competent authorities to act in accordance with applicable State Government circulars/instructions

It further acknowledged the legal framework established by the Hon'ble Supreme Court regarding the periodic review of suspension orders and the necessity of concluding departmental inquiries within a reasonable period

The court observed the limited nature of the prayer, noting that the petitioner primarily sought a direction for the consideration of his pending representation

Since the disciplinary proceedings had not progressed effectively despite the passage of nearly a year since the suspension, the court found it appropriate to direct the administrative authority to exercise its jurisdiction

The court avoided delving into the merits of the allegations or the validity of the suspension order itself, focusing instead on the procedural delay in the respondent’s failure to decide on the petitioner’s representation dated 21.05.2026

It directed Respondent No. 2 to consider and decide the petitioner’s representation (Annexure P-5) on its own merits and in accordance with the law

The court ordered that this decision be made expeditiously, preferably within a period of 30 days from the date of receipt of the order copy

The petition was disposed of with the instruction that the authority must take an independent decision strictly in line with statutory requirements