Ramesh Singh Uike v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1171 of 2015

1. Ramesh Singh Uike S/O Shanker Singh Aged About 45 years (Assistant Teacher Panchayat) Incharge Of Hostel Superintendent Adivashi Balak Hostel Birgahni, Janpad Panchayat Kota, District Bilaspur Chhattisgarh R/O Village Tenganmada, Police Station Kota, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Panchayat & Social Welfare Department, Mantralaya, Mahandi Bhavan, New Raipur, District Raipur Chhattisgarh

2. The Collector (Adivashi Branch) Bilaspur, District Bilaspur Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat Kota, District Bilaspur Chhattisgarh

4. District Education Officer Bilaspur District Bilaspur Chhattisgarh

5. Block Educaiton Officer Kota, District Bilaspur Chhattisgarh ---- Respondent For Petitioner Shri P.K. Patel, Advocate For Respondent/State Shri Shashank Thakur, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/07/2015 Heard learned counsel for the parties.

1.

Petitioner has prayed for a direction to the respondents to decide his representation for revoking the order of suspension dated 23-8-2014 passed by the Chief Executive Officer, Janpad Panchayat, Kota.

2.

Learned counsel for the petitioner would submit that the petitioner is an Assistant Teacher (Panchayat) and at the relevant time he was working as In-charge Hostel Superintendent, Tribal Boys Hostel, Birgahni. Despite lapse of more than 10 months from the date of issuance of order of suspension, charge sheet has not been issued against the petitioner, however, the suspension is still continuing, which is contrary to Rule 9 (5) (a) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966.

3.

Considering the nature of issue brought before this Court, I deem it proper to dispose of the writ petition with a direction that in the event petitioner prefers fresh representation before the competent authority within a period of one month, the said authority shall consider and decide the same by a speaking order, in accordance with law and on its own merits, at the earliest preferably within a period of three months. 4.

It is ordered, accordingly.

5.

The writ petition stands disposed of finally. Sd/- Judge Prashant Kumar Mishra Gowri