be posted in any one of the non-sensitive post and by extracting work from such an employee, salary can be paid. Otherwise, it will be a loss to the State Ex-Chequer and the enhancement of subsistence allowance may be claimed in future by the employee in the event of prolonged suspension. Thus, this Court is of the view that the writ petitioner being a Record Clerk, need not be placed under suspension hereafter and he may be reinstated and posted in any one of the non-sensitive post, pending disposal of the criminal case registered against him and after the disposal of the criminal case or during the pendency of the criminal case, it is for the department to initiate departmental disciplinary proceedings under the Discipline and Appeal Rules. In this view of the matter, the order of suspension passed by the 3rd respondent in proceedings in Na.Ka.No.2087/11/A1 dated 20.05.2011 is quashed and the respondents are directed to reinstate the writ petitioner in service and at their discretion, the writ petitioner may be posted in any one of the nonsensitive post during the pendency of the criminal case. 5. Accordingly, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected petitions are also allowed. kak Sd/Asst.Registrar /true copy/ Sub Asst. Registrar To 1. The Commissioner of Commercial Taxes, Chepauk, Chennai-5. 2. The Joint Commissioner (CT) Chennai (North) Zone, Chennai-6. 3. The Deputy Commissioner of (CT), zone-1, Greams Road, Chennai – 600 006. 4. The Chief Executive Officer, Tamil Nadu and Village Industries Board, Kuralagam, Chennai 108.
