← Library
High Court Of ChhattisgarhWPS/5300/2008allowed

R.B.S. Bhadauria v. State Of Chhattisgarh And Others

2016-01-22Hon'Ble The Chief Justice1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5300 of 2008 R.B.S. Bhadauria, S/o Shri Jiledar Singh Bhadauria, aged about 44 years, R/o Vidya Nagar, Bilaspur, District Bilaspur (Chhattisgarh) ---- Petitioner versus

1. State of Chhattisgarh, through the Secretary, Department of Agriculture, Mantralaya, D.K.S. Bhawan, Raipur (Chhattisgarh)

2. Chhattisgarh State Ware Housing Corporation, through the Managing Director, Head Office, 22, Anand Nagar, District Raipur (Chhattisgarh

3. Account Manager, Chhattisgarh State Ware Housing Corporation, Head Office, 22, Anand Nagar, District Raipur (Chhattisgarh)

4. Madhya Pradesh State Ware Housing and Logistics Corporation, through the Managing Director, Office Complex, Block - A, Gautam Nagar, Bhopal (Madhya Pradesh) ---- Respondents For Petitioner :

Shri Vikas Dubey, Advocate For State/Respondent No.1 :

Shri Prafull N. Bharat, Additional Advocate General For Respondents No.2 and 3 :

Shri B.D. Guru, Advocate Hon'ble Shri Navin Sinha, Chief Justice Order on Board 22/01/2016 1.

No counter-affidavit has been filed to the writ petition till passage of sufficient time.

2.

The Petitioner was placed under suspension and departmental proceedings initiated. He was exonerated of all charges on 27.11.2004. On 6.10.2006 the disciplinary authority ordered that the period of suspension be treated as on duty with entitlement for full salary for the period of suspension from 22.6.1999 to 25.5.2000.

3.

The Petitioner is therefore held entitled for the full salary if not already paid along with interest at the rate of 5% per annum from the due date till the date of payment. If payment has not been made, the Respondents shall hold an inquiry, fix responsibility in accordance with law and recover the interest component from the salary of the erring official. The order to be complied in its entirety within four months, if payment has not been made already. 4.

The writ petition stands allowed.

Sd/- (Navin Sinha) CHIEF JUSTICE Gopal