ASHOK KUMAR BHOSLEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner, by this petition filed under Article 226 of the Constitution of India challenges the validity of the communication dated 15. 11. 2007 (Annexure P/4), whereby the petitioner was informed that the decision on his representation dated 14. 11. 2007 would be taken after the receipt of the departmental enquiry report. The petitioner sought for a further direction to the respondents to permit the petitioner to join the post and further payment of back wages with interest.

(2.) THE indisputable facts, in nutshell, are that the petitioner is an Assistant Grade-II employee, working in the office of the Transport Commissioner, Chhattisgarh, Raipur. The petitioner was placed under suspension vide order dated 9. 10. 2006 (Annexure P/1) on the ground that 43 original forged challan, with regard to the payment of monthly tax by the owner of the passengers vehicle, were missing from the office. The petitioner was served a charge sheet on 15. 12. 2006 (Annexure P/2 ). According to learned counsel appearing for the petitioner, the charge sheet dated 15. 12. 2006, which was served on the petitioner on 2. 1. 2007, was beyond limitation of 45 days, as the suspension order dated 9. 10. 2006 stands revoked after completion of 45 days period, in accordance with the Rule 9 (2-a) and 9 (5) (a) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as 'the Rules, 1966' ).

(3.) THE petitioner submitted a letter to permit the petitioner to join the office on 14. 11. 2007 (Annexure P/3) on the ground that since the charge sheet was not served within a period of 45 days, therefore, the suspension is automatically revoked. The petitioner be permitted to join the office. The Additional transport Commissioner, in the office of the Transport commissioner Chhattisgarh, Raipur, informed to the petitioner vide communication dated 15. 11. 2007 (Annexure P/4) that the application dated 14. 11. 2007 cannot be decided in absence of the departmental enquiry report. The petitioner by his application dated 7. 12. 2007 (I. A. No. 2) further brought into the notice of the Court that the application of the petitioner regarding permission to join duties as the suspension stands revoked beyond 45 days of the order of suspension, was subsequently rejected by the Regional Transport Officer, Raipur vide order dated 1. 12. 2007 (Annexure A ). Thus, this petition.