Chennai, Mar 16 (PTI) The issue of challenge to the order of suspension should be analysed on the facts of each case, after considering the gravity of the charges and the rules applicable, a full bench of the Madras High Court has ruled.

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The bench was rendering its finding on Tuesday on a batch of referred writ petitions seeking to quash the suspension orders and consequently direct the respective employers to reinstate the petitioners along with all attendant benefits.

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"Revocation of suspension with a direction to the employer to post the delinquent in a non-sensitive post cannot be endorsed or directed as a matter of course. It has to be based on the facts of each case and after noticing the reason for the delay in serving the memorandum of charges/charge-sheet" the bench of Chief Justice M N Bhandari and Justices V Bharathidasan and D Bharatha Chakravarthy said.

There were conflicting judgments rendered by different judges, division benches of the High Courts and that of the Supreme Court on interference into the matter relating to suspension from service under Article 226 of the Constitution.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)