← Library
High Court Of ChhattisgarhWPS/5964/2016withdrawn

Hamshankar Deshlahra v. State Of Chhattisgarh

2016-10-27Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5964 of 2016 • Hamshankar Deshlahra S/o Late Shri D. Deshlahra Aged About 54 Years R/o MIG2/229 A, Borsi Colony, Durg, District Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, New Raipur, P.S. Rakhi, District Raipur, Chhattisgarh

2. State Of Chhattisgarh, Through- Director, Department Of Urban Administration And Development, Indravati Bhawan, New Raipur, P.S. - Rakhi, District- Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sudeep Agrawal, Advocate For State :

Mr. O.P. Sahu, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 27/10/2016

1. The present Petition under Article 226 of the Constitution of India assailing the order of suspension dated 28.09.2016 (Annexure P/1) passed by the Respondents against the Petitioner.

2. This Court at this juncture in exercise of its writ jurisdiction would not enter into the merits of the case predominantly for the reason that the suspension order having been issued on 28.09.2016 against which the Petitioner has preferred his representation on 17.10.2016 and barely within 7 days time the present Petition has been filed i.e. on 24.10.2016. In the opinion of this Court reasonable time has not been given to the Respondent to act on the said representation.

3. However, at this juncture this Court thinks it proper that ends of justice would meet if the Petitioner is permitted to withdraw the present Petition with a liberty to file additional representation if he so choses to bring all

-2these contentions that he has raised in the present Petition before the competent authority within a period of 15 days from the date of receipt of the certified copy and the Respondent authority in turn shall look into the matter and take appropriate decision by passing a speaking order within a reasonable time upon receiving the representation.

4. With the aforesaid observation the present Writ Petition stands dismissed. Sd/- (P. Sam Koshy) kishore Judge