High Court Of ChhattisgarhWPS/2766/2020disposed off

Ajay Kumar Bajpai v. State Of Chhattisgarh

2020-07-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2766 of 2020 • Ajay Kumar Bajpai S/o Shri Nandan Prasad Bajpai Aged About 55 Years R/o F/2, Jailor Bungalow, Jail Parisar, Central Jail, Bilaspur Civil And Revenue District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. The Director General Jail And Correctional Services, Chhattisgarh District Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Anup Majumdar, Advocate For Respondents/ State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 16/07/2020 Heard.

1. The grievance of the petitioner is that while he was posted as Assistant Jail Superintendent, Central Jail, Bilaspur, departmental enquiry was commenced against him in the year 2013. Subsequently, in the year 2015 enquiry officer submitted its report and pursuant thereto on 15.12.2015 the disciplinary authority sought response from the petitioner in respect of the enquiry report. The petitioner thereafter submitted his detailed reply on 30.12.2015, however till date no orders has been passed in such

departmental enquiry.

2. Learned counsel for the petitioner would submit that because of the fact that departmental enquiry is pending against the petitioner, his case was not considered for promotion earlier and again the departmental promotion is being considered, therefore, learned counsel for the petitioner prays that the respondents may be directed to pass the final orders in respect of the departmental enqiry which was conducted and concluded except the final verdict.

3. Perusal of records would show that by Annexure P-1, the petitioner was directed to file his response in respect of the proved charges and by letter dated 15.12.2015 since the petitioner has claimed the reply was filed to the said document eventually the enquiry proceedings cannot be kept pending for indefinite period which may be more prejudicial to the petitioner.

4. Under the circumstances, the respondents are directed to conclude the disciplinary proceedings which was stalled subsequent to letter dated 15.12.2015 (Annexure P-1) within a period of 45 days from the date of receipt of a copy of this order.

5. With the aforesaid observation, the petition stand disposed of. Sd/- Goutam Bhaduri Judge Jyoti