Whether suspension of employee on last day of service is illegal?

CHENNAI: There is nothing illegal about government servants being placed under suspension on the last day of their service, the Madras high court has said, refusing to quash the suspension of a civil supplies officer on the eve of his retirement. 

Justice S Vaidyanathan, dismissing the petition filed by V Murugan, who was slapped with five charges a few days ahead of his April 1, 2015 retirement and placed under suspension on March 30, said: "There is no hard and fast rule that an employee cannot be placed under suspension on the last day of his service. If the prayer of this petitioner is allowed, then persons like him may commit misconduct during the last month of their service and take a plea that no charge memo or suspension order can be levied against the employee." 

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Whether court can grant injunction if act of Public authority is not declared as void or illegal?

Plaintiff did not seek relief of declaration that the defendants have no power to disconnect the power supply or to interfere with the enjoyment of power supply based on the said letter of defendant No. 2 or for declaration that the defendants have no power either under the Act or Regulations to effect disconnection of power supply in respect of a claim made in the said letter. In the absence of seeking relief of declaration depending on facts of a case, the plaintiff cannot seek relief of permanent injunction so as to restrain the statutory body from performing its functions and duties.

Karnataka High Court

I.N. Mahabaleswara Madyasta vs Karnataka Electricity Board, ... on 6 October, 1993

Equivalent citations: AIR 1994 Kant 74, ILR 1993 KAR 3398, 1994 (1) KarLJ 214

Bench: S Patil

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