High Court Of ChhattisgarhWPS/2224/2017disposed off

Satish Shukla v. State Of Chhattisgarh

2017-05-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2224 of 2017 • Satish Shukla S/o. Late R. M. Shukla, Aged About 53 Years Occupation Lecturer English Kanya Siksha Parisar Ambikapur Surguja (Chhattisgarh), R/o Mayapur Ambikapur District Surguja (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through : Secretary Schedule Caste And Schedule Tribe Development Department, Mantralaya Mahanadi Bhawan Raipur (Chhattisgarh)

2. Commissioner Tribal Development Department, Mantralaya, Indrawati Bhawan, Raipur (Chhattisgarh)

3. Assistant Commissioner Tribal Development Department District Surguja (Chhattisgarh) ---- Respondents For Petitioner :

Shri Nishi Kant Sinha, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/05/2017

1. Learned counsel for the petitioner would submit that the petitioner is kept under suspension on account of pendency of criminal case for about 6 years. He would further submit that as per the State Government circular issued on 02.07.2012 suspension on account of pendency of criminal case has to be reviewed after one year or at appropriate time, which has not been done in the petitioner's case.

2. Considering the entire facts situation of the case, instead of keeping this petition pending, ends of justice would be served if the writ petition is

disposed of with direction to the petitioner to make a representation before the competent authority within a period of three weeks from today.

3. It is ordered accordingly.

4. On such representation being filed, the competent authority shall decide the issue of continuation of petitioner's suspension, keeping all relevant facts in mind, within a period of two months from the date of submission of representation.

5. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- Judge Prashant Kumar Mishra Ashu