Subhash Kar v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6821 of 2018 Subhash Kar S/o Shri Kartikeshwar Kar, Aged About 61 Years, Occupation- Service Posted As Senior Internal Audit And Taxation Officer, Janpad Panchayat Pithoura (Suspended) Thana And TahsilPithoura, Civil And Revenue District Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary Panchayat And Rural Development Department, Mantralaya Mahanadi Bhawan Capital Complex, New Raipur, District Raipur, Chhattisgarh

2. Director Panchayat, Directorate Indirawati Bhawan, New Raipur, District Raipur, Chhattisgarh

3. Chief Executive Officer, District Panchayat Mahasamund, District Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Shri Sunil Sahu, Advocate For State :

Shri S. P. Kale, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 11.10.2018 The grievance of the petitioner in the present writ petition is that though the petitioner has been placed under suspension on 23.04.2018 and till date about 6 months have passed, the petitioner has not been issued any charge sheet. Further grievance of the petitioner is that even under the rules, if a person who is placed under suspension is continued

for a period of more than 3 months, he is entitled for subsistence allowance @ 75% which again in in the instance case has not been released to the petitioner.

2.

Given the aforesaid dispute which the petitioner has raised, this Court does not intend to keep the petition pending rather ends of justice would serve if the writ petition is disposed of with a direction to respondent No.3 to take a decision as to whether there is any necessity for keeping the petitioner under suspension and if it is required, the petitioner should be paid the subsistence allowance at the rate which is envisaged under the rules. It is further directed that respondent no.3 shall also ensure that if any departmental enquiry is contemplated, the same should be initiated and concluded within a further period of 6 months from the date of receipt of certified copy of this order.

3.

The said direction and period is specified taking into consideration the short tenure of service of the petitioner left for his retirement. 4.

The writ petition accordingly stands disposed off. Sd/- P. Sam Koshy Judge Khatai