Smt. Chaman Mathur vs State Of Chhattisgarh
2021 Latest Caselaw 167 Chatt

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                                                                                    NAFR

                      HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   WPS No. 1817 of 2021

     Smt. Chaman Mathur Wd/o Late Shri Lakhan Lal Mathur, Aged About 50
     Years R/o. Mig-20, Narmada Nagar, Mangla Chowk, Bilaspur, District Bilaspur
     Chhattisgarh.
                                                                ---- Petitioner
                                           Versus
     1.      State Of Chhattisgarh, Through - Secretary, Women And Child Welfare
             Department, Mantralaya, Mahanadi Bhawan, New Raipur, District
             Raipur Chhattisgarh.
     2.      Collector (Women And Child Welfare), Bilaspur, District Bilaspur
             Chhattisgarh.
     3.      District Programme Officer, Women And Child Welfare, Bilaspur, District
             Bilaspur Chhattisgarh.

                                                                     ---- Respondents

For Petitioner : Mr. Rajeev Kumar Dubey, Advocate For State : Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board

07/06/2021

1. The limited grievance that the petitioner has in the present writ petition

is the prolonged suspension which the petitioner has been subjected to.

2. According to the petitioner, she was placed under suspension on

01.02.2020 and it is more than 16 months now that she continues to

remain under suspension. She had been suspended on account of

getting involved in some criminal case, where the petitioner has already

got a bail and the trial is progressing at a slow pace. There is no

likelihood of an early conclusion of the trial. According to the petitioner,

the respondents authorities ought to have reconsidered the case of the

petitioner and take a decision as to whether the petitioner needs to be

continued under suspension or not, in the light of the judgment of the

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

Union of India, through its Secretary & Another" (2015) 7 SCC 291.

3. The State counsel fairly concedes that in the light of the judgment of the

Hon'ble Supreme Court in the case of 'Ajay Kumar Choudhari' (supra),

the authorities are required to take a decision in respect of the

petitioner's suspension.

4. Given the facts and circumstances of the case, the writ petition at this

juncture stands disposed of directing the respondent No.2 to

immediately reconsider the case of the petitioner in the light of the

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

Choudhari' (supra) and take a decision as to whether under the given

circumstances, the petitioner's suspension has to be revoked or not.

5. Let an appropriate decision be taken by the respondent No.2 within a

period of 60 days from the date of receipt of the copy of this order.

6. With the aforesaid observations, the present writ petition stands

disposed of.

Sd/-

(P. Sam Koshy) Judge Ved