Abhishek Kindo v. The Director Of Town And Country Planning,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2875 of 2021

1. Abhishek Kindo S/o Shri Kuldip Kindo, Aged About 37 Years Occupation - Senior Research Assistant In Nagar Tatha Gram Nivesh, Regional Office - Durg, District Durg (C.G.) Present Address - Beladula, Raigarh Chhattisgarh. ---- Petitioner

Versus

1. The Director Of Town And Country Planning, Indrawati Bhawan, New Raipur Atal Nagar Raipur Chhattisgarh.

2. The Joint Director, Town And Country Planning, New Composite Building, Collectorate Campus Bilaspur, District Bilaspur Chhattisgarh.

3. The Deputy Director, Office Of Town And Country Planning Raigarh, District Raigarh Chhattisgarh.

----Respondents For Petitioner :

Shri Anil Tawadkar, Advocate.

For State :

Shri Amrito Das, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 24.06.2021

1. Aggrieved by the decision of the respondents in placing the services of the petitioner under suspension vide order dated 07.12.2020, the present writ petition has been filed.

2. Though the Counsel for the petitioner has challenged the order of suspension on merits but the fact that the writ petition has been preferred after more than four months from the date of order of suspension. This Court is not inclined to entertain the writ petition on its merits.

3. However, considering the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary v. Union of India {(2015) 7 SSC 291},

the authorities concerned are expected to reconsider the issue as to whether the suspension of the petitioner needs to be continued or not as the period of suspension exceeds more than 90 days.

4. Given the said facts, the writ petition at this juncture is disposed of directing the petitioner firstly to prefer a representation before the respondent No. 1 in the light of the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary v. Union of India and also considering the fact that it is more than six months that the petitioner has remained under suspension. That the respondent No. 1 inturn shall take a decision in the light of the decision of the Hon'ble Supreme Court referred to in the preceding paragraph at the earliest preferably within a period of 60 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/-

1. P. Sam Koshy Judge Jyotijha