High Court Of ChhattisgarhWPS/6615/2019disposed off

Vijay Kaiwartya v. State Of Chhattisgarh

2019-09-02Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6615 of 2019

1. Vijay Kaiwartya S/o Shri Bhagbali Kaiwartya Aged About 45 Years R/o Village Lokhandi, Post Office Mangla, Tehsil Takhatpur, Police Station Sakri, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

2. Mathura Prasad Mannewar S/o Lt. Shri Kriparam Mannewar Aged About 52 Years R/o Sector 5 A/159, Balco Nagar, Korba, Police Station Balco, Tehsil And District Korba, Chhattisgarh, District : Korba, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home / Police, Mahanadi Bhawan, Police Station And Post Office Rakhi, Atal Nagar, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

2. Director General Of Police (D.G.P.) Police Head Quarter (P.H.Q.) Near Mahanadi Mantralaya, Police Station And Post Office Rakhi, Atal Nagar, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

3. Inspector General Of Police (I.G.P.) Office Of Inspector General Of Police (I.G.P.), Near Nehru Chowk, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

4. Superintendent Of Police (S.P.) Office Of Superintendent Of Police, Korba, District Korba, Chhattisgarh, District : Korba, Chhattisgarh

5. Enquiry Officer / Additional Superintendent Of Police, Office Of Superintendent Of Police Korba, District Korba, Chhattisgarh, District : Korba, Chhattisgarh ---- Respondents For Petitioner :

Mr. Abhishek Pandey, Advocate For State :

Mr. Chandresh Shrivastava, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 02/09/2019

1. The limited relief that the petitioner has sought for is for an appropriate direction to the respondents to early conclusion of the joint departmental enquiry initiated against the two petitioners herein.

2. According to the petitioners, the charge-sheet was issued as early as on 26.07.2018. Under the service rules, departmental enquiry initiated should be concluded within a period of one year but till date except for the recording of the statement of a couple of witnesses, the department has not proceeded substantially.

3. Given the aforesaid facts and circumstances, considering and taking note of the fact that more than one year have passed since the departmental enquiry was contemplated against the petitioner, ends of justice would meet if respondent No. 4 & 5 are directed to ensure that the departmental enquiry initiated against the petitioners is concluded at the earliest preferably within a period of four months from the date of receipt of copy of this order.

4. It is also expected that petitioners would also tender all co-operation for the early conclusion of the departmental enquiry.

5. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rohit