Bhushan Meshram v. Municipal Corporation Rajnandgaon

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3168 of 2015

1. Bhushan Meshram S/o Shri Kejuram Meshram Aged About 53 Years Posted As Peon, Health Department, Municipal Corporation, Rajnandgaon, R/o Ward No. 46, Basantpur, Rajnandgaon, Tahsil & District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. Municipal Corporation Rajnandgaon Through: Its Commissioner, Municipal Corporation, Rajnandgaon, Tahsil & District Rajnandgaon, Chhattisgarh

2. Commissioner, Municipal Corporation, Rajanandgaon, Tahsil & District Rajnandgaon, Chhattisgarh ---- Respondents For Petitioners Shri Somkant Verma, Advocate For Respondents Shri Saurabh Sharma, Advocate Hon'ble Shri Justice Pritinker Diwaker Order On Board 30/09/2015

1. By this petition under Article 226 of the Constitution of India the petitioner has prayed for quashment of departmental enquiry pending before the respondents. The petitioner has also prayed for grant of suspension allowance and promotion to the post of Assistant Grade-II.

2. At the outset, learned counsel for the petitioner submits that though the petitioner has raised various grounds in the writ petition to challenge the departmental enquiry, but this petition may be disposed of in the light of Para-3 of the return of respondents.

3. Learned counsel appearing on behalf of the respondents submits that he has no objection if the petition is disposed of in view of Para-3 of return.

4. Considering the submissions made by learned counsel for both the parties, this petition is disposed of in terms of Para-3 of the return of respondents, which reads thus;- "That, the answering respondent submits that within six months the departmental enquiry will be completed and matter of suspension allowance will be considered in accordance with law, so far as granting promotion is concerned due to pendency of departmental enquiry, same has not been considered."

Sd/- (Pritinker Diwaker) Judge roshan