Dhanau Ram Purena vs State Of Chhattisgarh
2021 Latest Caselaw 275 Chatt

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                                                                             NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                           Writ Petition (S) No. 2167 of 2021

      Dhanau Ram Purena S/o Shri Mansingh Purena, Aged About 54 Years,
      Working As Assistant Internal Audit And Taxation Officer, At Janpad
      Panchayat Abhanpur, District Raipur, Chhattisgarh

                                                                      ---- Petitioner

                                        Versus

   1. State Of Chhattisgarh Through Secretary Department Of Panchayat And
       Rural Development, Mahanadi Bhawan, Mantralaya New Raipur, District
       Raipur Chhattisgarh

   2. Joint Director, Directorate Of Chhattisgarh Panchayat Raipur, Second
       Floor, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh

   3. Collector Raipur, District Raipur, Chhattisgarh

   4. Chief Executive Officer, Zila Panchayat Raipur, District Raipur Chhattisgarh

   5. Chief Executive Officer, Janpad Panchayat Abhanpur, District Raipur
       Chhattisgarh                                     ---- Respondents

For Petitioner        :       Mr. B. L. Sahu Advocate
For State             :       Ms. Akanksha Jain, Dy. Govt. Advocate


                          Hon'ble Shri Justice P. Sam Koshy
                                    Order On Board
11.06.2021

1. The grievance of the petitioner in the present writ petition seems to be the

unpaid salary for the period 21.12.2011 to 20.09.2012.

2. Admittedly, during the said period the petitioner was in judicial custody in

connection with a criminal case which was registered against the petitioner

at Police Station Pithora, District Mahasamund for the offence punishable

under Sections 420/34, 467, 468, 471, 201, 418, 409, 34 of IPC in Crime

No.49/2011. The petitioner was subjected to trial before the Court of

Judicial Magistrate First Class, Pithora in Criminal Case No.64/2012. The

Criminal Court finally vide its judgment dated 20.09.2012 acquitted the

petitioner from all the above charges.

3. According to the petitioner, he has never been placed under suspension

nor was he subjected to any departmental inquiry and he also stands

acquitted of the alleged criminal case levelled against him. Therefore, the

period during which he was in jail i.e. from 21.12.2011 to 20.09.2012

should be regularized and he should be granted salary and all other

consequential benefits.

4. It appears that the Department has already considered the representation

of the petitioner and the same is in process for a decision as to how the

said period has to be treated. However, there does not seem to be any

order passed by the authority concerned.

5. Given the said facts, the writ petition at this juncture can be disposed of

directing the respondent no.2 to take an appropriate decision so far as the

claim of the petitioner for salary during the period from 21.12.2011 to

20.09.2012 is concerned. It is expected that the respondent no.2 shall take

an appropriate decision in accordance with the rules governing the field

including the fundamental rules. Let an appropriate decision be taken at

the earliest preferably within a period of 90 days from the date of receipt of

copy of this order.

Sd/-

P. Sam Koshy Judge

Khatai