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High Court Of ChhattisgarhWPS/6448/2018disposed off

Seema Meshram v. State Of Chhattisgarh

2018-09-28Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6448 of 2018 Seema Meshram W/o Late Shri Durga Prasad Meshram, Aged About 40 Years, Patwari (Under Suspension) Halka No. 34, Ahiwara, Tehsil Dhamdha, District Durg Chhattisgarh, R/o Deepak Nagar, Durg Chhattisgarh.

---Petitioner

Versus

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

2. Collector Durg, District Durg Chhattisgarh.

3. Joint Collector Durg, District Durg Chhattisgarh.

4. Sub Divisional Officer Durg, District Durg Chhattisgarh. ---Respondents For petitioner :

Shri Tarun Dansena, Advocate.

For State :

Shri S.P.Kale, Dy.A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28/09/2018 1.

In the instant Writ Petition, the petitioner was placed under suspension on 01/03/2011 and since then the petitioner's position still stands is under suspension. She was placed under suspension on account of her being involved in a criminal case under the provision of Prevention of Corruption Act.

2.

However, the petitioner has subsequently been acquitted in a criminal case vide judgment dated 26/02/2018 in special sessions case No. 15/2011 arising out of crime No. 35/2009 registered with the Anti Corruption Bureau of the State.

3.

The judgment of acquittal was passed by the Special Judge, Prevention of Corruption Act, Durg.

4.

Pursuant to the acquittal from the criminal case, the petitioner has been approaching the authorities concerned to revoke the

order of suspension and to take back her in service, but the authorities have till date not taken any decision. 5.

Given the aforesaid facts and circumstances of the case, let the respondent No.2 take a decision in the case of the petitioner at the earliest so far as the revokation of the suspension and reinstatement of the petitioner is concerned and the respondent No.2 is also expected to take a decision keeping in view the provision of the fundamental rules applicable under such circumstances.

6.

Let this exercise be done within a period of 60 days from the date of receipt of certified copy of this order. 7.

It shall be the responsibility of the petitioner to apprise the respondent No.2 so far as the order passed by this Court is concerned.

8.

The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE