LAWS(CHH)-2022-11-94

RAJESH GANDHARV Vs. STATE OF CHHATTISGARH

Decided On November 17, 2022
Rajesh Gandharv Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Grievance raised by way of this petition is with regard to non-revocation of order of suspension dtd. 4/5/2022, whereby the petitioner was put under suspension by respondent No. 4.

(2.) Learned counsel for petitioner submits that petitioner, who was working as Kotwar of Village Bachhalikhurd, Tahsil - Ratanpur, District - Bilaspur was put under suspension on 4/5/2022. It is contended that till date neither any departmental enquiry has been conducted nor any charge-sheet has been issued to petitioner. 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. 4 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 18/8/2022, before respondent No. 4 making prayer for revocation of his suspension but the same has not been considered and decided till date.

(3.) Leaned counsel for State opposes the petition and the submission made by learned counsel for petitioner.