SURESH KHUNTEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Grievance raised by way of this petition is with regard to non-revocation of order of suspension dtd. 6/12/2021, whereby the petitioner was put under suspension by respondent No. 3.

(2.) Learned counsel for petitioner submits that petitioner was working as Panchayat Secretary at Village Manikpur, Block - Podi Uproda, District - Korba (C.G.) was put under suspension on 6/12/2021 in contemplation of disciplinary proceedings. Subsequently, charge-sheet was also issued and departmental proceedings is pending consideration. He contended that after issuance of order of suspension more than 90 days have been elapsed and as per the decision of Hon'ble Supreme Court, the authorities are required to review the order of suspension after lapse of 90 days from the date of issuance of order of suspension. Respondent No. 3 has not reviewed the order of suspension of petitioner and have not passed any order in this regard extending the period of suspension. He placed reliance on the judgment of Supreme Court in case of Ajay Kumar Choudhary v. Union of India, through its Secretary and Another, reported 2015 7 SCC 291. He submits that petitioner has also submitted a representation on 21/7/2022 and 26/9/2022, before respondents No. 2 and 3 making prayer for revocation of his suspension but even those representations were not considered and decided till date.

(3.) Leaned counsel for State would submit that order of suspension is passed by Office of Chief Executive Officer, Zila Panchayat, Korba and respondent No. 3 is competent authority, which is not represented by State.