Abhishek Kindo vs The Director Of Town And Country ...
2021 Latest Caselaw 577 Chatt

                                        1

                                                                             NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                       Writ Petition (S) No. 2875 of 2021

   1. Abhishek Kindo S/o Shri Kuldip Kindo, Aged About 37 Years Occupation -
      Senior Research Assistant In Nagar Tatha Gram Nivesh, Regional Office -
      Durg, District Durg (C.G.) Present Address - Beladula, Raigarh Chhattisgarh.

                                                                      ---- Petitioner

                                     Versus

   1. The Director Of Town And Country Planning, Indrawati Bhawan, New Raipur
      Atal Nagar Raipur Chhattisgarh.

   2. The Joint Director, Town And Country Planning, New Composite Building,
      Collectorate Campus Bilaspur, District Bilaspur Chhattisgarh.

   3. The Deputy Director, Office Of Town And Country Planning Raigarh, District
      Raigarh Chhattisgarh.                              ----Respondents

For Petitioner : Shri Anil Tawadkar, Advocate.

For State                        :      Shri Amrito Das, Addl. A.G.


                     Hon'ble Shri Justice P. Sam Koshy
                               Order On Board
24.06.2021

1. Aggrieved by the decision of the respondents in placing the services of

the petitioner under suspension vide order dated 07.12.2020, the

present writ petition has been filed.

2. Though the Counsel for the petitioner has challenged the order of

suspension on merits but the fact that the writ petition has been

preferred after more than four months from the date of order of

suspension. This Court is not inclined to entertain the writ petition on its

merits.

3. However, considering the judgment of the Hon'ble Supreme Court in

the case of Ajay Kumar Choudhary v. Union of India {(2015) 7 SSC 291},

the authorities concerned are expected to reconsider the issue as to

whether the suspension of the petitioner needs to be continued or not

as the period of suspension exceeds more than 90 days.

4. Given the said facts, the writ petition at this juncture is disposed of

directing the petitioner firstly to prefer a representation before the

respondent No. 1 in the light of the judgment of the Hon'ble Supreme

Court in the case of Ajay Kumar Choudhary v. Union of India and also

considering the fact that it is more than six months that the petitioner

has remained under suspension. That the respondent No. 1 inturn shall

take a decision in the light of the decision of the Hon'ble Supreme

Court referred to in the preceding paragraph at the earliest preferably

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

5. The writ petition accordingly stands disposed of.

Sd/-

1. P. Sam Koshy Judge

Jyotijha