Banshilal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6965 of 2021 • Banshilal S/o Dharmuram Boga, Aged About 44 Years R/o House No. H8, Kanshiram Nagar, Sector-1, Police Station Telibandha Raipur District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, New Mantralaya, Naya Raipur Chhattisgarh

2. Commandant 4th Battalion Chhattisgarh Armed Force, Mana- Raipur Chhattisgarh

3. Assistant Commandant / Enquiry Officer, D Company, 4th Battalion, Mana- Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Varun Sharma, Advocate For State :

Shri Jitendra Pali, Dy.A.G.

S.B.:

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/12/2021 Heard.

1.

Learned counsel for the petitioner would submit that the petitioner, who is a Constable, has suffered suspension w.e.f. 02/05/2020 and departmental enquiry is also going on but till date it has not been continued, therefore, the suspension ought to have been revoked in view of judgment of the Supreme Court in the case of Ajay Kumar Chaudhary v. Union of India and ors. (2015) 7 SCC 291 for which, he may be allowed to make representation to

respondent No.2 / Commandant, 4th Battalion, Chhattisgarh Armed Force. 2.

Learned State counsel would submit that the petitioner make representation to respondent No.2 for revocation of suspension which would be considered in accordance with the law laid down by the Supreme Court in the case of Ajay Kumar Chaudhary (supra) within a reasonable period and expeditiously.

3.

Be that as it may, petitioner may make representation before respondent No.2 within 2 weeks from today which shall be considered and decided by respondent No.2 on its own merits by a reasoned and speaking order within 45 days from the date of receipt of copy of this order. 4.

With the aforesaid observation, this petition is finally disposed off. Sd/- ( Sanjay K. Agrawal ) Judge Deepti