Kewal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 233 of 2019 Kewal Singh S/o Shri Budhram Singh, Aged About 30 Years, R/o House No. 483, Conductor Colony, Supela, Bhilai, Dsitrict Durg, Chhattisgarh. ---Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. Collector, Bemetara, District Bemetara, Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat Bemetara, District Bemetara, Chhattisgarh.

4. Chief Executive Officer, Janpad Panchayat Saja, District Bemetara, Chhattisgarh.

5. Block Education Officer, Janpad Panchayat Saja, District Bemetara, Chhattisgarh.

---Respondents For petitioner :

Smt. Meena Shastri, Advocate.

For State :

Shri Jitendra Pali, Dy.A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15/01/2019.

1.

The grievance of the petitioner in the instant Writ Petition is the action on part of the respondents in placing the petitioner under suspension vide Annexure-P/1 dated 07/01/2018.

2.

The counsel for the petitioner submits that, now that more than 1 year has passed since the petitioner has been placed under suspension, the respondents have not initiated any disciplinary proceedings against the petitioner till date, nor any chargesheet also has been issued to the

petitioner. She further submits that, the petitioner also has not been given any subsistence allowance during the period of suspension with which the petitioner can survive. She further contended that, since the chargesheet also has not been issued for a period of more than 1 year, the suspension ought to be reconsidered for its revocation by the authorities concerned and thus prayed for an appropriate direction in this regard. 3.

Given the total facts and circumstances as has been narrated by the petitioner, this Court does not intend to keep the Writ Petition pending, rather ends of justice would meet if the Writ Petition is dispose off with a direction to the respondents No. 3 & 4 to take a decision in the case of the petitioner so far as whether there is any further requirement in keeping the petitioner under suspension. At the same time, the respondents No. 3 & 4 also immediately take steps to ensure that the petitioner is paid subsistence allowance for the period he has been placed under suspension if it has till date not been paid to the petitioner.

4.

Let this exercise be done within a period of 60 days from the date of receipt of copy of this order.

5.

The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE