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High Court Of ChhattisgarhWPS/8060/2018disposed off

Virsingh Dhidhi v. State Of Chhattisgarh

2018-12-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 8060 of 2018 Virsingh Dhidhi S/o Shri Kunj Lal Dhidhi, Aged About 36 Years, Assistant Teacher (P) At Government Primary School Karesara In Janpad Panchayat, Saja, Block Saja, District - Bemetara, R/o Village Kodwa, Ward No. 08, Block And Tahsil - Palari, District - Balodabazar-Bhatapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Panchayat And Rural Development, Dau Kalyan Singh Bhawan Mantralaya, Raipur Chhattisgarh

2. The Collector, District - Bemetara, Chhattisgarh

3. The Chief Executive Officer, Zila Panchayat - Bemetara, District - Bemetara, Chhattisgarh

4. The Chief Executive Officer, Janpad Panchayat - Saja, District - Bemetara Chhattisgarh ---- Respondents For Petitioner :

Shri J. N. Nande, Advocate For Respondent/State :

Shri Chandresh Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 06/12/2018 The substantive grievance of the petitioner in the present writ petition is the order of suspension dated 07.02.2018 Annexure P-1. 2.

The contention of the petitioner is that though more than 10 months have elapsed, the respondents till date have not issued charge sheet to the petitioner and under the rules, if the charge sheet is not issued within a period of 90 days, the suspension order gets automatically revoked.

3.

Given the aforesaid facts and circumstances of the case and taking into consideration the contention of the petitioner that the disciplinary proceedings have till date not been initiated, this Court is of the opinion that ends of justice would serve if the writ petition is disposed of with a direction to respondent no.4 to immediately reconsider the case of the petitioner so far as suspension is concerned and take a decision as to whether the suspension of the petitioner has to be continued any further in the light of the charge sheet not being issued within a period of 90 days from the date of suspension. Let this exercise be completed within a period of 60 days from the date of receipt of copy of this order. 4.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Bhola