High Court Of ChhattisgarhWPS/4098/2021disposed off

Narayan Das Manikpuri v. State Of Chhattisgarh,

2021-08-09Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4098 of 2021

1. Narayan Das Manikpuri S/o Shri Banshi Lal Manikpuri, Aged About 50 Years Posted As Assistant Grade - III, In The Office Of Block Education Officer, Mungeli, District Mungeli Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, Naya Raipur Chhattisgarh.

2. Director, Directorate Of Public Education, Raipur, District Raipur Chhattisgarh.

3. Collector Mungeli District - Mungeli Chhattisgarh.

4. District Education Officer, Mungeli, District Mungeli Chhattisgarh.

5. Block Education Officer, Mungeli, District Mungeli Chhattisgarh ---- Respondents For Petitioner : Shri Yatharth Singh, Advocate For State : Shri Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/08/2021

1. Aggrieved of the non-granting of benefits which the petitioner would have been entitled for had he not been placed under suspension vide order dated 07.10.2013 and which was revoked subsequently on 06.01.2017, the present writ petition has been filed.

2. According to the counsel for the petitioner, he was placed under suspension on 07.10.2013 on account of the petitioner getting implicated in a criminal case under Section 420 & 409 of IPC and the petitioner also was arrested for sometime and thereafter was released on bail. The criminal case ultimately ended up vide the

-2judgment dated 25.04.2019 where the petitioner has been acquitted from the charges levelled against him. Meanwhile, however suspension of the petitioner was revoked and he was taken back in service on 06.01.2017. According to the petitioner for the period during which he was suspended, he has not been paid the substantial allowance, nor has he been provided with the annual increment for the period of suspension, nor has he been considered for further promotion on account of pendency of the said criminal case.

3. Learned Deputy Advocate General, at this juncture submits that let the petitioner makes a detailed representation to the respondents No. 2,4 & 5 within a period of three weeks from today and the respondents No. 2,4 & 5 inturn shall consider the same and take appropriate decision in accordance with the rules governing the field and also taking into consideration the provision of the fundamental rules applicable so far as the petitioner is concerned.

4. Accordingly the petition is as of now disposed off directing the petitioner to make an additional representation in respect of his claim and the Respondents 2,4&5 in turn shall take an appropriate decision in this regard at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge J-