Rajendra Parasad Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2120 of 2018 Rajendra Parasad Gupta S/o Kariman Ram Gupta, Aged About 52 Years R/o Village - Khadadorna , Police Station And Tahsil Sitapur District Surguja Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Panchayat And Social Welfare Mahanadi Bhawan Naya Raipur And District Raipur Chhattisgarh.

2. Director , Panchayat, Directorate , Panchayat Indravati Bhawan , 2nd Floor , New Raipur District Raipur Chhattisgarh.

3. Chief Executive Officer , Jila Panchayat Ambikapur District Surguja Chhattisgarh.

----Respondents For Petitioner :

Mr. Aditya Chopda, Advocate under instructions of Mr. A.K. Prasad, Advocate For State :

Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 14/03/2018

1. The grievance of the petitioner is that the services of the petitioner were terminated on account of a criminal case in which he was involved. However the said criminal case resulted in an acquittal vide order dated 09.12.2013. Subsequent to the judgment of acquittal the petitioner has been approaching the respondents for reinstating him in service, but the respondents have not passed any order in this regard.

2. The petitioner on an earlier occasion had filed a writ petition which was registered as WPS No. 429/2015, which on 11.02.2015 got disposed of with a direction to the respondents, particularly the Director Panchayat, to consider the representation of the petitioner and pass a suitable order, but inspite of specific representation

being made by the petitioner and repeated reminders being made, the Director Panchayat till date has not passed an order.

3. This Court fails to understand as to why the respondent No.2 has not decided the representation of the petitioner, moreover inspite of a specific direction by this Court. The said act on the part of the respondent No.2 definitely amounts to an act of contempt of Court.

4. Before proceeding further with the matter, we would like to dispose of the present writ petition with a specific direction to the respondent No.2 who should ensure that the representation of the petitioner should be decided forthwith within a maximum period of 45 days from the date the certified copy of this order is made available to the respondent No.2.

5. It is made clear that the respondent No.2 shall decide the representation keeping in view the provisions of the Fundamental Rules.

6. The writ petition thus stands disposed off. Sd/- (P. Sam Koshy) Judge Ved