High Court Of ChhattisgarhWPS/3801/2018dismissed

Vinod Kumar Sahu v. State Of Chhattisgarh

2018-05-18Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3801 of 2018 Vinod Kumar Sahu S/o Shri Panch Ram Sahu, Aged About 27 Years R/o Village And Post- Dhrampura, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare, Department , Mahanadi Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

3. District Ayurved Officer, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh

4. Office Of Govt. Ayurvedic Dispensary, Parsada, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondents For Petitioner :

Shri Somkant Verma, Advocate For State :

Shri Majid Ali, Dy. Govt. Advocate S.B. : Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/05/2018 Heard.

1. This petition has been filed by the petitioner seeking a direction for payment of full salary immediately after completion of 3 months of suspension.

2. Learned counsel for the petitioner would submit that the petitioner was suspended on 30.11.2015 for the reason that a criminal case was registered against the petitioner. He would submit that though a criminal case was registered against him, no departmental enquiry was initiated nor any charge

-2sheet was issued. Therefore, the respondents were obliged to reinstate the petitioner by revoking suspension order.

3. Learned counsel for the petitioner could not point out any provision of law under which suspension would come to an automatic end only on the ground that charge sheet has not been issued, in a case where the suspension takes place on the ground of institution of criminal case.

4. It is not a case where the petitioner was suspended in contemplation of a departmental enquiry but no charge sheet was issued within 45 days or 90 days, as the case may be, after issuance of suspension order.

5. Therefore, no case for interference is made out. The petition is dismissed. Sd/--/-/--- -- (Manindra Mohan Shrivastava) Judge Praveen