BHAGWAT PRASAD YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, under Article 226 of the Constitution of India, the petitioner has questioned the continuance of his suspension order dated 12/08/2014 and non-consideration of his prayer for revocation of suspension order.

(2.) According to learned counsel for the petitioner, on certain allegations of irregularities in the matter of registration and procurement of paddy in the paddy centre run by the cooperative institution, it was alleged that while the petitioner was working as Junior Clerk and discharging duties of Cashier in the bank, cash withdrawals by the beneficiary were facilitated. The petitioner was placed under suspension vide order dated 12/08/2014. A charge sheet was also issued to the petitioner which culminated in enquiry report in favour of the petitioner and the charges leveled against the petitioner were not found proved. However, a criminal case was also registered by the police against number of employees including the petitioner which has remained in the state of investigation till date without any conclusion. In these circumstances, the petitioner had applied for revocation of suspension but no decision was taken on petitioner's application. Therefore, this petition has been filed.

(3.) According to learned counsel for the respondent, due to large scale irregularities and prima facie case made out in the enquiry that procurement of paddy of crores of rupees was made from ineligible beneficiary, in addition to institution of departmental enquiry, a criminal case was also instituted. Though enquiry report is in favour of the petitioner, nevertheless, a criminal case under crime No.259/2014 was registered in police station - Masturi and therefore, the petitioner was to be placed under suspension. State counsel further submits that initially, investigation has been carried out by the local police but looking to the enormity of the bungling done, investigation was handed over to the special investigation team, which is still holding investigation.