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Judgment
Elipe Dharma Rao, J.—The writ appeal is directed against the order of the learned single Judge in dismissing the writ petition. Aggrieved by
the order of the learned single Judge, the present writ appeal has been filed by the appellant/writ petitioner.
The case of the petitioner is that the petitioner is an Inspector of Police, Tamil Nadu Police Service and he was occupying the quarters at 1/1,
H-5, Cross Road Quarters, New Washermanpet, Chennai-81. On 14.12.2000, in front of his house, the petitioner fired Air Gun shots at a boy
aged about 16 years and caused injuries to him, regarding which a case was filed against the peitioner in C.C. No. 2997/2000 and he was also
suspended from service. On 8.1.2000, the Commissioner of Police directed the Deputy Commissioner of Police, Washermanpet to evict the
petitioner from the Official Quarters. Since the petitioner did not vacate, Form-A Notice u/s 4 of the Tamil Nadu Public Premises (Eviction of
unauthorised Occupants) Act was issued by the Estate Officer and the same was served on him and he did not appear for enquiry and no
explanation was sent by the petitioner. The Estate Officer passed the Eviction Order on 22.2.2000, directing the petitioner to vacate the premises
and hand over vacant possession before 29.2.2000. Since the petitioner did not vacate the quarters, eviction proceedings were taken on
3.3.2000. The petitioner and his family members were not present and the second respondent broke open the lock of the premises and after taking
inventory of the articles, sealed the quarters in the presence of witnesses. Challenging the eviction order, the petitioner has preferred C.M.A. No.
87/2000 before the Principal Judge, City Civil Court, Chennai. In consideration of the materials and submissions, the learned Judge had dismissed
the appeal observing that since despite opportunities, the petitioner did not vacate the premises, the Estate Officer had broken open the lock and
sealed the main door, after taking inventory of the articles found inside the premises. Challenging the order passed in CMA, the petitioner has
preferred the writ petition.
The counsel for the petitioner has submitted that an order of stay of suspension order has been passed by the Tribunal. Section 10 of the Tamil
Nadu Public Premises (Eviction of Unauthorised Occupants) Act, attaches finality to the orders passed by the Estate Officer or Appellate
Authority. The learned single Judge on consideration of the facts and circumstances of the case, holding that as the order of the Principal Judge is
final, there is no scope for invoking the writ jurisdiction and dismissed the writ petition.
It is the settled position of law that mere suspension of an employee on the ground of initiation of disciplinary proceedings or some irregularities,
when he was in service, the relationship of Master and Servant has not put an end, unless and until he has removed or dismissed from service after
conducting a proper enquiry. It was held in the case of Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd. and Another, as follows:
The order of suspension does not put an end to an employee''s service and he continues to be a member of the service though he is not
permitted to work and is paid only subsistence allowance which is less than his salary.
This observation was made by the Honourable Supreme Court after following the judgment in The State of Madhya Pradesh Vs. The State of
Maharashtra and Others, , wherein it was held that the order of suspension of a civil servant has to be considered under Rule 52 of the
Fundamental Rules. The relevant portion reads as follows:
...
The order of suspension does not put an end to his service. Suspension merely suspends the claim to salary. During suspension, there is suspension
allowance. See Khem Chand Vs. Union of India (UOI), hwere this Court said that the real effect of the order of suspension is that though he
continues to be a member of the service he is not permitted to work and is paid only subsistence allowance which is less than his salry. Under
Fundamental Rule 52, the pay and allowance of a Government servant who is dismissed or removed from service, cease from the date of his
dismissal or removal. Therefore, there would be no question of salary accruing or accruing due so long as orders of suspension and dismissal
stand. The High Court was correct in the conclusion that the plaintiff''s claim for salary accrued due only on the order of dismissal dated 23
February, 1956 being set aside.
The Supreme Court in Kheem Chand v. Union of India reported in AIR 1963 S C 657, has held as follows:
We have therefore come to the conclusion that the High Court is right in holding that Rule 12(4) is valid and consequently, in rejecting the
appellant''s revisional application.
Therefore, the petitioner when he was working as Inspector of Police, Tamil Nadu Police Service, by virtue of his seniority, he was allotted the
above residential quarters of the Government. As held by the Supreme Court, by virtue of an order of suspension, unless and until the relationship
of Master and Servant is not put an end, the respondents have no power to evict the petitioner from the quarters. Even on the other hand, as per
the rules, he is entitled to a grace period of 90 days, even after the attaining the age of sueprannution. Moreover, without observing the rules, the
respondent with hasty passed an order on 8.1.2000 directing the Deputy Commissioner of Police, Washermanpet to evict the petitioner from the
official quarters. Therefore, the eviction proceedings initiated by the Deputy Commissioner of Police as the Commissioner of Police as ordered on
8.1.2000 is illegal against the rulings of the Supreme Court cited above.
It is brought to our notice by way of filing the additional typed set of papers that in pursuance of the orders passed in O.A. No. 1082/2000
dated 23.3.2000 and on 6.4.2000 in C.A. No. 134 of 2001, the suspension order was revoked and the stay was granted by the Tribunal. When
the State did not comply with the order, the petitioner filed the contempt application.
Therefore, we are unable to agree with the findings of the learned single Judge. When the Government Servant was placed under suspension,
the relationship of Master and Servant is not put an end. Therefore, he is not entitled to receive the salary during the suspension period and he is
entitled for other benefits like enjoying the quarters till his dismissal or removal from service on which date the relationship of employer and
employee have come to an end.
In view of the decisions of the Supreme Court, we hold that the employer has no power to evict the employee who was placed under
suspension during the pendency of the suspension period unless and untill he is removed or dismissed from service. Therefore, the order passed by
the Commissioner of Police dated 8.1.2000 directing the Deputy Commissioner to initiate the eviction proceedings is set aside and the order of the
learned single Judge is liable to be set aside and accordingly they are set aside. Consequently, the writ appeal is allowed. No costs.