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High Court Of ChhattisgarhWPS/4399/2016disposed off

B.K. Khobragade v. State Of Chhattisgarh

2016-09-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4399 of 2016 B.K. Khobragade S/o Late Bisram Khobragade, Aged About 49 Years R/o Vikas Nagar, Railway Banglapara, Kotra Road, Raigarh, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Sub Divisional Officer, Rural Engineering Services, Tamnar Distirct Raigarh Chhattisgarh

3. Collector, Raigarh, District Raigarh, Chhattisgarh

4. Executive Engineer, Rural Engineering Services, Division Raigarh, District Raigarh Chhattisgarh ---- Respondents For Petitioner :

Mr. Uttam Pandey, Advocate For Respondent-State :

Mr. R.K. Gupta, Dy. A.G.

Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 05/09/2016 Heard on admission.

1.

The grievance of the petitioner which is sought to be ventilated through this petition is that in the matter of a departmental enquiry pending against the petitioner since 2005, final order has not been passed. 2.

Learned counsel for the petitioner submits that enquiry report was submitted on 26.10.2006 thereafter the District Magistrate gave show cause notice to the petitioner on 25.01.2007. The petitioner submitted his reply on

12.02.2007. Ever since then no development has taken place and till date, final order has not been passed.

3.

The State counsel submits that the enquiry shall be brought to its logical conclusion by issuance of a final order as early as possible. The petition at this stage may be disposed off with appropriate direction. 4.

Considering the submission of learned counsel for the parties, particularly taking into consideration that despite submission of enquiry report and reply to second show cause notice submitted by the petitioner way back in the year 2007, final order has not been passed. It is appropriate to direct respondent No.3 to pass final order in the departmental enquiry within a period of 90 days from the date of receipt of copy of this order.

5.

Needless to emphasize, in case, the petitioner is aggrieved, it will be open to him to take recourse to remedy as may be available to him under the law. 6.

With the aforesaid direction, the petition stands finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha