High Court Of ChhattisgarhWPS/6307/2014disposed off

Shrikrishna Pandey v. Chhattisgarh Vidhansabha And ORS.

2015-09-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6307 of 2014 • Shrikrishna Pandey, aged about 44 years, S/o Shri Ramprasad Pandey R/o H-66, Kashiram Nagar, Raipur District Raipur C.G. ---- Petitioner

Versus

1. Chhattisgarh Vidhansabha Through The Secretary, Vidhansabha Bhawan, Raipur C.G.

2. The Principal Secretary Chhattisgarh Vidhan Sabha, Vidhansabha Bhawan, Raipur C.G.

3. Devendra Verma Principal Secretary Chhattisgarh Vidhansabha, Vidhansabha Bhawan, Raipur C.G.

---- Respondent For Petitioner : Shri Prateek Sharma, Advocate.

For Respondents : Shri Abhishek Sinha, Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/09/2015

1. This writ petition has been preferred challenging the order of suspension issued under the signatures of the Secretary, Chhattisgarh Vidhan Sabha on the ground that the Speaker being the disciplinary authority, the Secretary has no jurisdiction to pass the order of suspension.

2. Shri Sinha, learned counsel for the respondents, on instructions, would submit that the disciplinary authority is the Secretary of the

Chhattisgarh Vidhan Sabha, however, the order has been issued by the Secretary after approval of the Hon'ble Speaker, yet the petitioner has remedy of filing review application under Rule 29 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (henceforth 'the Rules').

3. Shri Sharma, learned counsel for the petitioner would submit that the petitioner may be permitted to move review application and the respondents may be directed to decide the same and till then, interim protection granted by this Court may be allowed to continue during the pendency of his review application.

4. In view of the above, the writ petition is disposed of with an observation that in the event the petitioner prefers review application under Rule 29 of the Rules within one week from today, the reviewing authority shall decide the same within one month. However, till the review application is decided, interim order granted by this Court shall continue. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondents may decide the review application on its own merit.

Sd/- Judge (Prashant Kumar Mishra) Barve