High Court Of ChhattisgarhWPS/6433/2021disposed off

Parvati Teta v. State Of Chhattisgarh

2021-11-24Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6433 of 2021 Parvati Teta D/o. Late Shri Surtu Ram Teta, aged about 32 years, R/o. Village-Bade Gauri, Post-Lilejhar, Tahsil & P.S.-Charama, Distt.North Bastar, Kanker (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, Through its Secretary, Department of Home/Police, Mahanadi Bhawan, Mantralay, Police Station & Post - Rakhi, Atal Nagar, New Raipur, District-Raipur (CG)

2. Director General, Home Guard and Citizen Protection, Head Quarter, Police Station & Post - Rakhi, Atal Nagar, New Raipur, District-Raipur (CG)

3. Divisional Commandant, Office of Divisional Commandant, Bastar Division, Jagdalpur, Distt.Bastar (CG)

4. District Commandant, Office of District Commandant, Home Guard, North Bastar, Kanker, Distt.Kanker (CG) ---- Respondents For Petitioner :

Mr.Abhishek Pandey, Advocate For Respondents :

Mr.Rajendra Tripathi, P.L., on advance copy Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/11/2021

1. Heard learned counsel appearing for the parties on admission.

2. Learned counsel appearing for the petitioner would submit that the petitioner has been placed under suspension since 22.2.2021, but thereafter charge-sheet has not been served to her within 90 days, as such, her order of suspension deserves to be revoked in view of decision of the Supreme Court in the matter of Ajay Kumar Choudhary v. Union of India through its Secretary and another1. Therefore, the 1 (2015) 7 SCC 291

respondents authorities be directed to revoke the order of suspension of the petitioner.

3. On the other hand, Mr.Rajendra Tripathi, learned Panel Lawyer for the respondents/State, would submit that if the petitioner files a fresh representation for revocation of suspension within two weeks that will be considered and decided by the respondents authorities within two months.

4. Be that as it may, the petitioner is allowed to make a representation for revocation of suspension within two weeks from today. If such a representation is filed, the respondents authorities would do well to consider and decide the petitioner's representation by reasoned and speaking order within a further period of two months from the date of its receipt. It is made clear that this Court has not expressed any opinion on merits of the case.

5. With the aforesaid observation / direction, the writ petition finally stands disposed of. No order as to cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-