Surendra Nath Choudhary v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 3356 OF 2018 Surendra Nath Choudhary S/o S/o Het Ram Choudhary, Aged About 43 Years Patwari, R/o Bande Ali Fatmi Nagar Phase Il And P. S. Chandmari, Tahsil And District- Raigarh, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department of Revenue, Thana Naya Raipur, Secretariat Mahanadi Bhawan, Raipur, Chhattisgarh.

2. The Collector, Collectorate Raigarh, Thana Raigarh, District- Raigarh, Chhattisgarh.

3. The Sub Divisional Officer, Sub- Division Raigarh, Chhattisgarh, Thana Raigarh, District- Raigarh, Chhattisgarh.

... Respondent(s) For Petitioner :

Shri NK Malviya, Advocate.

For Respondent-State :

Shri Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 26/04/2018 1.

The grievance of the Petitioner is that he has been placed under suspension on 09.10.2013 and it is almost more than 4 years now that he continue remained under suspension. He submits that the case of the Petitioner may be disposed of with a direction to Respondent No.2 to consider the case of the Petitioner whether there is any requirement to prolong suspension and the case of the Petitioner may be decided in the light of the judgment of the Hon'ble Supreme Court in case of Ajay Kumar Choudhary v. Union of India through its Secretary and Anr. {(2015) 7 SCC 291}. 2.

The prayer made by the Petitioner is not opposed by the State Counsel.

3.

Accordingly, the writ petition stands disposed of and it is directed that subject to petitioner's making a detailed representation within a

period of 10 days from today in respect of his revocation, the Respondent No.2 shall consider the same keeping in view of the judgment of the Hon'ble Supreme Court in case of Ajay Kumar Choudhary (supra) preferably within a further period of 60 days from the date of receipt of said representation. While deciding the case of the petitioner, the respondent shall consider the aspect whether there is need for further continuing suspension of the Petitioner or not.

4.

With the aforesaid, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder