Dr. Hitendra Kumar Soni v. State Of Chhattisgarh And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 309 of 2015 Dr. Hitendra Kumar Soni S/o Shri Dinbandhu Soni Aged About 33 years Occupation Suspended Veterinary Assistant Surgoein R/o A /10, Ambika Niwas Arya Residency Janjgir Champa Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh through The Secretary, New Mantralaya, New Raipur Chhattisgarh

2. The Secretary Livestock Development Department ( Pashudhan Vikash Vibhag) Secretary, Mahanadi Bhawan, Raipur Chhattisgarh

3. The Director Veterinary Services ( Pashu Chitksha Sevaiye ) Ground Floor, Indravati Block, New Raipur Chhattisgarh ---- Respondents For Appellant:

Shri Sunil Kumar Soni, Advocate.

For Respondents/State:- Shri B. Gopa Kumar, Dy. A.G.

Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order On Board Per Navin Sinha, Chief Justice 17/07/2015 1.

A reference has been made by the Learned Vacation Judge on 8.6.2015 if a Learned Single Judge could have heard a matter within the jurisdiction of the Division Bench, sitting single during the vacations. 2.

The answer lies in Section 41 of the High Court of Chhattisgarh Rules, 2007 which reads as follows:- "41.

Power of Vacation Judge:- A Judge shall also be

entitled to take up the urgent matters of a Division Bench for the purpose of interim relief where circumstances require urgent hearing in the interest of justice."

3.

The limited submission on behalf of the Appellant is that he has filed an appeal before Respondent No.1 against his order of suspension and it may be directed to be disposed in accordance with law. 4.

Learned Counsel for the State submits that proper representation of the Appellant in the criminal case is also a relevant aspect. 5.

The Appellate Authority is directed to dispose the Appellant's representation against suspension by passing a speaking order preferably within a maximum period of four weeks from the date of receipt and/or presentation of the present order.

6.

The Writ Petition is disposed.

Sd/- Sd/- (Navin Shiha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya