Punit Ram Uraon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 3324 OF 2018 Punit Ram Uraon S/o Matwar Uraon, Aged About 47 Years R/o Village Mahapalli Post Loing, Thana Chakradhar Nagar District Raigarh Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan New Raipur, Thana Raipur Chhattisgarh.

2. The Collector Raigarh Collectorate Raigarh, (Panchayat Branch) Thana, Tahsil And District Raigarh Chhattisgarh.

3. The Chief Executing Officer, Janpad Panchayat Raigarh, Thana And Tahsil And District Raigarh Chhattisgarh.

... Respondent(s) For Petitioner :

Shri NK Malviya, Advocate.

For Respondent-State :

Shri B Gopa Kumar, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/04/2018 1.

The grievance of the petitioner is that the petitioner has been placed under suspension since 02.09.2008 and that disciplinary action which was initiated against the petitioner is resulted in to an acquittal, the respondents have till date not considered revocation of suspension order and he remains suspended even after a decade. 2.

The State counsel submits that perhaps there is departmental enquiry against the petitioner which compelled the authority to place him under suspension. Moreover, it was also contended that the State has also preferred an appeal before the High Court against the order of acquittal of the petitioner.

3.

Given the aforesaid facts and circumstances of the case, this court does not want to keep this petition pending and it is directed that the

respondent No.3 shall consider the case of the petitioner in the light of the judgment of the Supreme Court in case of Ajay Kumar Choudhary Vs. Union of India & Ors. 2015 (7)SCC 291 so far as necessity for keeping the petitioner under suspension any further particularly in the light of the order of acquittal in favour of the petitioner.

4.

The authorities would also be incumbent to decide the case of the petitioner in the light of order of acquittal that he has received from the competent court of law. Let an appropriate decision be taken within a period of 45 days from the date of receipt of certified copy of this order.

5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder