← Library
High Court Of ChhattisgarhWPS/3878/2017disposed off

Narendra Singh Rajput v. State Of Chhattisgarh

2017-08-21Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3878 of 2017 Narendra Singh Rajput S/o Shri Ramji Singh Rajput, Aged About 36 Years Working As Teacher Panchayat, Govt Middle School Khairbana Kala, Block Bodla, District Kabirdham, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Social Welfare Department, Mahanadi Bhawan, Mantralaya, Police Station Rakhi, Tahsil Aarang, Naya Raipur, District Raipur, Chhattisgarh.

2. Director, Panchayat And Rural Development Department, Indrawati Bhawan, Mantralaya Naya Raipur, District Raipur, Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham, Chhattisgarh.

4. Block Education Officer, Bodla, Block Bodla, District Kabirdham, Chhattisgarh.

---- Respondents For Petitioner :

Mr. CJK Rao, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/08/2017 Heard.

1.

Learned counsel for the petitioner submits that the petitioner has filed this petition aggrieved by continuance of suspension order which was passed on 12.04.2017. Learned counsel for the petitioner submits that after suspension order was passed, inquiry has been initiated, charge-sheet has been filed, which has also been replied by the petitioner. Learned counsel for the petitioner contended that in view of the law laid down by the Supreme Court in the case of Ajay Kumar Choudhary V. Union of India, (2015) 7 SCC 291, the suspension is liable to be revoked.

2.

Learned State counsel submits that the case of the petitioner shall be

considered in accordance with law.

3.

In view of the aforesaid submission, at this stage, the petition is disposed off. If the petitioner prefers separate representation before respondent No.2/ Director, Panchayat and Rural Development Department for revocation, stating the grounds, Respondent No.2 shall consider the same by recording clear reasons whether suspension order shall further continue or not applying the law laid down by the Apex Court in case of Ajay Kumar Choudhary (supra). The exercise shall be completed within 45 days from the date of submission of the representation by the petitioner to Respondent No.2. 4.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha