ASHOK KUMAR TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The dispute in the present writ petition is limited to the extent of difference of salary the petitioner would be entitled for the period between 27/04/2017 to 22/11/2017 during which period he was placed under suspension.

(2.) Facts of the case is that the petitioner was working with the respondents as a Assistant Internal Taxation Officer under respondent No. 3 Janpad Panchayat, Saraipali, district Mahasamund. The petitioner was placed under suspension vide order dated 27/04/2017 and the said order was revoked vide order dated 22/11/2017 and the petitioner was taken back in service and subsequently the petitioner stood retired on 31/01/2018/ According to the petitioner while revoking the order of suspension on 22/11/2017 the department had made an order so far as the entitlement of the petitioner during the suspension period is concerned, that the same would be decided by a separate order but no such separate order has till date been passed. That the petitioner also has not been granted balance of wages and other benefits during the period of suspension.

(3.) According to the petitioner though the order of suspension was issued on 27/04/2017 and the same was revoked on 22/11/2017 but neither during the period of suspension and nor thereafter till the petitioner has retired or even thereafter till now the petitioner has been subjected to any departmental enquiry, even charge-sheet was not issued to the petitioner. Therefore, according to the petitioner he would be entitled for the entire balance of wages and allowances which he is otherwise entitled for, that he would have got had he not been placed under suspension.