B. P. Gupta v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1315 of 2016 B. P. Gupta S/o Late Shri R.S. Gupta, Aged About 56 Years In Charge, Sub Divisional Officer, Rural Engineering Service, Sub Division, Takhatpur, District Bilaspur, (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Rural Engineering Service, Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)
2. S.K. Pandey, Executive Engineer, Rural Engineering Services, Division Office, Old Commissioner Office, Bilaspur, (Chhattisgarh)
3. G.C. Das, Assistant Grade- Il, Office Of Executive Engineer, Rural Engineering Services, Division Office, Old Commissioner Office, Bilaspur, (Chhattisgarh)
4. Chief Executive Officer, Jila Panchayat, Bilaspur, (Chhattisgarh) ---- Respondents For Petitioner :
Mr. T.K. Jha, Advocate.
For State :
Mr. S.P. Kale, Dy. A.G.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/06/2016 Heard 1.
The petition, as it was filed, ventilated grievance on account of delay in conclusion of departmental enquiry.
2.
The petitioner sought direction for expeditious submission of enquiry report and conclusion of the enquiry itself. 3.
By way of the return filed by the respondents, it is disclosed that the departmental enquiry itself has been come to an end vide order dated 13.05.2016 by which the charges have been not found proved
and the petitioner has been exonerated from all the charges. 4.
At this stage, learned counsel for the petitioner submits that as the petitioner has now been exonerated, all consequential benefits of pay increment, consideration of promotion from the date juniors were promoted should follow automatically as petitioner has already suffered loss, agony because of the pendency of the departmental enquiry since 2008.
5.
Once the departmental enquiry has come to an end, the petitioner would definitely be entitled to consideration for promotion from the date juniors were promoted and all those benefits which were not granted to him from which, he remained deprived of because the departmental enquiry.
6.
Learned State counsel assures that all these aspects will be duly looked into by the departmental Authority and all the benefits which are due and payable under the law as consequential under exoneration from the charges would be examined as per law. 7.
The petition is accordingly disposed off.
Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha