High Court Of ChhattisgarhWPS/9197/2019disposed off

Dhiraj Kumar Arya v. State Of Chhattisgarh

2019-11-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9197 of 2019 • Dhiraj Kumar Arya S/o Late Sevak Ram Ajay Aged About 26 Years Posted As Assistant Grade - III At Office Of Block Education Officer, District Korba Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. Director Public Instruction Directorate, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh

3. Collector District Korba Chhattisgarh

4. District Education Officer Korba, District Korba Chhattisgarh

5. District Treasury Officer Korba, District Korba Chhattisgarh ---- Respondents For Petitioner :

Shri Awadh Tripathi, Advocate For Respondents/State :

Shri Amrito Das, Addl. AG Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/11/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner was arrested in a criminal case and he was suspended on 14.12.2017, which was revoked on 26.05.2018. Subsequently, the petitioner has been acquitted of the charges of criminal case on 03.08.2019 in S.T. No.21/2018. It is contended that the petitioner thereafter

has made several representations to release his legal payable dues for the suspension period i.e. from 14.12.2017 to 26.05.2018, however, the same is not been released, therefore, the respondents may be directed to adjudicate the rightful claim of the petitioner by deciding the representation.

3. Perusal of the document would show that the petitioner has placed on record the order of suspension and the revocation too. The record also contains the acquittal order under Section 376 IPC. Considering the fact that only the representation is sought for to be decided, the petitioner shall be at liberty to file afresh representation before the District Education Officer, Korba within a period of 3 weeks from today whereby the petitioner may raise all his claim and on such representation being filed, the said authority shall decide the same within a period of three months from the date of receipt of the representation.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu