Rajkumar Naidu v. State Of Chhattisgarh And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4324 of 2013 Rajkumar Naidu, S/o Shri K.S. Naidu, Aged about 56 years, R/o A/55, Wall Ford Enclave, Pachpedi Naka, P.S. Tikrapara, Raipur (CG) ---- Petitioner

Versus

1. State of Chhattisgarh Through its Secretary, Department of Cooperatives, Mahanadi Bhawan, Naya Raipur, P.S. Mandirhasuad/Rakhi, District Raipur (CG)

2. Registrar, Cooperative Societies, Vivekanand Complex, Shailendra Nagar, P.S. Civil Lines, Raipur (CG) ---- Respondents For Petitioner :

Mr. Ali Asgar, Advocate.

For Respondent/State :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/11/2015 1.

The petitioner has been placed under suspension by order dated 15.10.2013 (Annexure P/14) as he was arrested in Crime No.195/2003 for an offence under Sections 409, 420, 467 and 468/34 of the IPC and he remained in custody for a month under Section 9(2) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. He made an application for revocation of suspension on 28.10.2013, which is still pending.

2.

Learned counsel for the petitioner would submit that the General Administration Department, Government of Chhattisgarh has issued the circular dated 2.7.2012 giving guidelines when the suspension is to be revoked and therefore, the State may be directed to

consider the case of the petitioner as per circular dated 2.7.2012. 3.

The prayer appears to be fair and reasonable. 4.

The petitioner is directed to make a fresh representation along with the circular dated 2.7.2012 against his suspension in addition to his pending representation and the said representation would be considered in the light of the circular dated 2.7.2013 issued by the General Administration Department, State of Chhattisgarh within a period of 45 days from the date of receipt of certified copy of this order. However, it is made clear that this Court has not expressed any opinion with regard to revocation of suspension or otherwise of the suspension. The Authority concerned would decide the representation of the petitioner expeditiously in accordance with law. 5.

With the aforesaid direction, the writ petition stands finally disposed off. No order as to cost(s).

6.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-