Mohan Chand Kaushik v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 4401 OF 2018

1. Mohan Chand Kaushik S/o S/o Late Shri Kanhaiya Lal Kaushik, Aged About 28 Years Occupation Service Posted As Secretary, Gram Panchayat, Poundi, Janpad Panchayat, Pali, Civil And Revenue District Korba, Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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

3. The Chief Executive Officer, Jila Panchayat Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh.

4. The Chief Executive Officer, Janpad Panchayat Pali, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) For Petitioner :

Dr. Sanjeet Sharma, Advocate.

For Respondent-State :

Shri Shashank Thakur, Govt. Advocate and Shri Chandresh Shrivastava, PL.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.07.2018.

1.

The challenge in the present writ petition is to the order dated 04.08.2017 (Annexure P/1) whereby the appeal preferred against the order of suspension has been rejected.

2.

A perusal of records would show that the petitioner in the instant case was placed under suspension about 2 and 1⁄2 years back on 23.01.2016 and inspite of 2 and 1⁄2 years having been lapsed, departmental enquiry has not been proceeded much on the charges which have been levelled against the petitioner. 3.

The petitioner submits that there is no reason whatsoever for the respondents not to reconsider his suspension being revoked though the appellate authority has rejected his appeal only on the ground

that the enquiry has not proceeded any further for last 2 and 1⁄2 years.

4.

Taking into consideration the nature of allegation/charges which is levelled against the petitioner and also taking note of the fact that the petitioner is under suspension for the last 2 and 1⁄2 years and that there is no substantial progress in the departmental enquiry, this court does not want to keep this petition pending any further. Rather ends of justice would meet if this petition is disposed of with a direction to the respondents No.3&4 to ensure that the inquiry initiated against the petitioner is concluded at the earliest within an outer limit of four months from the date of receipt of certified copy of this order. It is ordered accordingly. The petitioner is also directed to render full cooperation with the enquiry officer by fully participating in the departmental enquiry so that the same can be completed within the stipulated period as provided by this court. 5.

It shall be the responsibility of the petitioner to make available copy of this order before the respondent authorities. 6.

With the aforesaid observations, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder