Ram Mohan Dubey vs State Of Chhattisgarh
2021 Latest Caselaw 1522 Chatt

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                                                                              NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                      Writ Petition (S) No. 3945 of 2021

      Ram Mohan Dubey S/o Shri Surendra Kumar Dubey, Aged About 47
      Years, Than Posted As Sub - Engineer, Public Works Department, R/o
      Mini Hostel, Bhagwa Mandir, Sarkanda, Bilaspur, Chhattisgarh

                                                                     ---- Petitioner

                                    Versus

   1. State Of Chhattisgarh, Through The Secretary, Public Work
      Department,     Mahanadi    Bhawan,        Atal   Nagar,    District   Raipur,
      Chhattisgarh

   2. Engineer - In - Chief, Public Works Department, North Block, Sector-
      19, Nirman Bhawan, Nawa Raipur, Atal Nagar, District Raipur,
      Chhattisgarh

   3. Chief Engineer, Public Works Department, Bilaspur Jurisdiction /
      Surguja Jurisdiction, Ambikapur, Chhattisgarh

   4. Superintendent    Engineer,       Public   Works    Department,        Bilaspur
      Division / Ambikapur Division, Bilaspur. Chhattisgarh

   5. Executive Engineer, Public Works Department, Division -I Bilaspur,
      District Bilaspur, Chhattisgarh

                                                                 ---- Respondents

For Petitioner : Mr. Ashutosh Trivedi, Advocate For State : Mr. Ishan Verma, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 02.08.2021

1. The present writ petition has been filed on the ground of prolonged

suspension of the petitioner from service.

2. According to the petitioner, he was placed under suspension vide

order dated 01.02.2021. The ground of suspension is the petitioner

getting arrested in a criminal case for the offence punishable under

Sections 13(1)B & 13 (2) of the Prevention of Corruption Act. For the

said reason the petitioner was issued with an order of suspension on

01.02.2021 giving effect to the order of suspension w.e.f. 13.01.2021.

3. Learned counsel for petitioner submits that since the petitioner is

under suspension for more than 90 days, in terms of the order of the

Hon'ble Supreme Court in the case of Ajay Kumar Choudhary v.

Union of India through its Secretary and Anr. reported in (2015) 7

SCC 291 the authorities are required to reconsider the order of

suspension and decide whether the suspension has to be revoked or

not. According to the counsel for petitioner, the criminal case as of

now is progressing at a very slow pace and it will take a considerable

long time for conclusion of the said proceedings particularly taking

note of the pandemic situation prevailing.

4. Learned State counsel, on the other hand, submits that since the

petitioner has been placed under suspension for having been

implicated in a criminal case under the Prevention of Corruption Act, it

would not be advisable for revocation of the order of suspension as of

now.

5. Be that as it may, since the requirement of law in terms of the

judgment of the Hon'ble Supreme Court in the case of Ajay Kumar

Choudhary (supra) is to reconsider the suspension of all those

persons who are under suspension for a period beyond 90 days, the

present writ petition also deserves to be allowed and disposed of to

that extent directing the respondent no.2 to take a fresh decision

reconsidering the question of suspension of the petitioner. While

reconsidering the same, the authority will keep in view the judgment of

Supreme Court in the case of Ajay Kumar Choudhary (supra). Let an

appropriate decision be taken in this regard at the earliest preferably

within a period of 60 days from the date of receipt of a copy of this

order.

6. The writ petition accordingly stands disposed of.

Sd/-

P. Sam Koshy Judge Khatai