Dr. Subhash Datta Jha v. The Private Secretary

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3145 of 2020 • Dr. Subhash Datta Jha S/o Late Shri Som Datta Jha Aged About 69 Years R/o Ayodhya Nagar, Ameri Road, Dist- Bilaspur, (C.G.) ---- Petitioner

Versus

1. The Private Secretary (Aide-De-Camp) To The Governor, Rajbhavan, Raipur, (C.G.)

2. State Of Chhattisgarh Through The Secretary, Higher Education Department, Mahanadi Bhawan Mantralaya, Atal Nagar, District- Raipur, (C.G.)

3. Under Secretary Higher Education Department, Mahanadi Bhawan Mantralaya, Atal Nagar, District- Raipur, (C.G.)

4. Director Higher Education Department, Indrawati Bhawan, Atal Nagar, Raipur, District- Raipur, (C.G.) ---- Respondents For Petitioner :

Shri Neeraj Pradhan, Advocate For State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 14.08.2020 Heard.

1. This is second round of litigation. In the earlier round of litigation though this Court has passed the orders on 22.06.2020 to decide the departmental appeal filed against the finding arrived at in the departmental enquiry against the petitioner but because the respondents were not correctly arrayed, therefore under the circumstances to make the order effective the present petition has been filed.

2. Learned counsel for the petitioner submits that by order dated 10.11.2017 finding was arrived at in the departmental enquiry against the petitioner. Subsequently, the petitioner preferred departmental appeal which is pending before the appellate authority/ Respondent No. 1. It is contended that since the petitioner stand retired as on date, limited prayer is made

that the appeal may be directed to be decided within a reasonable period. He further submits that the appeal is pending since 23.10.2019.

3. Perusal of documents would show that against the finding arrived in the departmental enquiry, an appeal was preferred before Respondent No. 1 and since limited prayer is made that the petitioner stands retired so the appeal may be decided within a reasonable period. Therefore, following the earlier view taken it is observed that the concerned authority Respondent No. 1 shall decide the appeal within a further period of 90 days from the date of receipt of a copy of this order.

4. With the aforesaid observation the petitioner stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti