Digleshwar Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 5158 OF 2018

1. Digleshwar Singh Thakur S/o Late Shri Deshraj Singh Thakur Aged About 42 Years Working As Assistant Grade - 2, Office Of Deputy Director, Udanti Sitanadi Tiger Reserve Gariyaband, District Gariyaband Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Forest Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Additional Principal Chief Conservator Of Forest, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Chief Conservator Of Forest, Raipur Circle, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. The Deputy Director, Udanti Sitanadi Tiger Reserve Gariyaband, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh

5. The Divisional Forest Officer, Balodabazar Forest Division, District Balodabzar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) For Petitioner :

Shri Vaibhav Shukla, Advocate.

For Respondent-State :

Shri Anupam Dubey, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21.08.2018 1.

The challenge in the present writ petition is to the order dated 29.06.2018 whereby the services of the petitioner has been placed under suspension.

2.

The order of suspension is an appealable order under Rule 23 of the Chhattisgarh Civil Services (Classification, Control and Apepal) Rules, 1965. A perusal of record would show that the petitioner has infact preferred an appeal before the respondent No.2 vide Annexure P/8 dated 12.07.2018.

3.

Given the fact that there is an alternative remedy of appeal and the petitioner has availed the said remedy of appeal, this court is of the opinion that ends of justice would serve if this petition is disposed of with a direction to the respondent No.2 to decide the appeal at the earliest preferably within a period of 45 days from today. It is ordered accordingly.

4.

It is expected that the appellate authority while deciding the appeal would objectively consider the contentions which the petitioner has raised in the appeal including the document Annexure P/5 dated 29.06.2018 issued by the Deputy Director, Udanti Tiger Reserve Project.

5.

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