H. R. Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8081 of 2019 H. R. Chouhan S/o Late Shri Puniram Chouhan Aged About 60 Years Presently Working As Assistant Commissioner, Tribal Development Department Janjgir-Champa, District Janjgir -Chamapa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Schedule Tribe And Schedule Caste Development Department Mantralay, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

2. Additional Secretary Schedule Tribe And Schedule Caste Development Department, Mantralay, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Ashutosh Shukla, Advocate For State :

Mr. Ashutosh Mishra, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 03/10/2019

1. The challenge in the present Writ Petition is to the order of suspension dated 09.09.2019.

2. At the outset, this Court is of the opinion that since the order under challenge is order of suspension which is an appealable order under Rule 23 of the Rules of 1966. The petitioner instead directly preferred an appeal in the High Court.

3. Reserving the right of the petitioner to prefer an appeal before the appellate authority, the present writ petition stands disposed of.

4. Subject to the petitioner preferring an appeal within a period of 15 days from the date of receipt of certified copy of this order, the appellate authority is expected to decide the appeal at the earliest preferably within a period of 45 days from the date of receipt of appeal of the petitioner. While deciding the appeal, the appellate authority is also expected to take into consideration all the contentions, submissions and defence of the petitioner which he would take and appellate authority shall decide the appeal objectively by passing a speaking order.

5. With the aforesaid observations, the writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit