G S DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE instant intra court appeal arises from the order dated 30.12.2012 passed by the learned Single Bench in W.P.(S) No. 102/2012 (G.S.Dewangan v. State of Chhattisgarh & Others) whereunder, the writ petition filed by the appellant was dismissed.

(2.) THE facts, in brief, as projected by the appellant are that the appellant, working as Executive Engineer in the Department of Panchayat and Rural Development, was caught red handed accepting illegal gratification of Rs. 10,000/- by the Anti Corruption Bureau, Raipur. THEreafter, he was arrested and placed under detention. Accordingly, the petitioner was placed under suspension vide order dated 09.09.2010 under the provisions of Rule 9(2) of the C.G. Civil Services (Classification Control & Appeal) Rules, 1966 (for short `the Rules, 1966'). THE said suspension was revoked on 25.10.2011 on the ground that conclusion of the trial of the case may take some time. THE Additional Director General of Police, Anti-Corruption Bureau, Raipur, recommended to the Principal Secretary, Government of Chhattisgarh, Panchayat & Rural Development Department, Raipur, vide communication dated 08.11.2011, to place the appellant under suspension on the ground that Challan has been filed before the Court of Special & Ist Additional Sessions Judge, Raipur in Special Case No. 09/2011. On the basis of the said recommendation, the appellant was again placed under suspension on 02.12.2011 for the second time. THE order dated 02.12.2011 was challenged before the learned Single Judge in a petition being W.P.(S) No. 102/2012. THE State/respondents contested the matter on the ground of availability of alternative remedy against the order passed by the competent authority.

(3.) RULE 9 of the RULEs, 1966 reads as under: