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High Court Of ChhattisgarhWPS/1817/2021disposed off

Smt. Chaman Mathur v. State Of Chhattisgarh,

2021-06-07Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1817 of 2021 Smt. Chaman Mathur Wd/o Late Shri Lakhan Lal Mathur, Aged About 50 Years R/o. Mig-20, Narmada Nagar, Mangla Chowk, Bilaspur, District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1.

State Of Chhattisgarh, Through - Secretary, Women And Child Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

2.

Collector (Women And Child Welfare), Bilaspur, District Bilaspur Chhattisgarh.

3.

District Programme Officer, Women And Child Welfare, Bilaspur, District Bilaspur Chhattisgarh.

---- Respondents For Petitioner :

Mr. Rajeev Kumar Dubey, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/06/2021 1.

The limited grievance that the petitioner has in the present writ petition is the prolonged suspension which the petitioner has been subjected to. 2.

According to the petitioner, she was placed under suspension on 01.02.2020 and it is more than 16 months now that she continues to remain under suspension. She had been suspended on account of getting involved in some criminal case, where the petitioner has already got a bail and the trial is progressing at a slow pace. There is no likelihood of an early conclusion of the trial. According to the petitioner, the respondents authorities ought to have reconsidered the case of the petitioner and take a decision as to whether the petitioner needs to be

-2continued under suspension or not, in the light of the judgment of the Hon'ble Supreme Court in the case of "Ajay Kumar Choudhary v. Union of India, through its Secretary & Another" (2015) 7 SCC 291. 3.

The State counsel fairly concedes that in the light of the judgment of the Hon'ble Supreme Court in the case of 'Ajay Kumar Choudhari' (supra), the authorities are required to take a decision in respect of the petitioner's suspension.

4.

Given the facts and circumstances of the case, the writ petition at this juncture stands disposed of directing the respondent No.2 to immediately reconsider the case of the petitioner in the light of the judgment of the Hon'ble Supreme Court in the case of 'Ajay Kumar Choudhari' (supra) and take a decision as to whether under the given circumstances, the petitioner's suspension has to be revoked or not. 5.

Let an appropriate decision be taken by the respondent No.2 within a period of 60 days from the date of receipt of the copy of this order. 6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved