LAWS(CHH)-2017-9-44

JAISHRI KESHARWANI Vs. STATE OF CHHATTISGARH AND OTHERS

Decided On September 07, 2017
Jaishri Kesharwani Appellant
V/S
STATE OF CHHATTISGARH AND OTHERS Respondents

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the petitioner submits that the second proviso to sub-rule (1) of Rule 9 of the Chhattisgarh Civil Services (Classification, Control And Appeal) Rules, 1966 obliged the Sub-Divisional Officer and authority subordinate to the appointing authority of the petitioner, to forthwith report to the appointing authority the circumstances in which the order was made. He submits that this provision has been violated, therefore, the suspension order deserves to be set aside.

(3.) The other submission, in the alternative, is that in any case, looking to the nature of allegation on which the petitioner was suspended, there is no justification for continuing the suspension of the petitioner for the last more than one year as the charges cannot be termed so grave as to warrant continuation of suspension for such a long period.