Deepak Kumar Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 712 Chatt

                                         1

                                                                            NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                       Writ Petition (S) No. 3025 of 2021

   1. Deepak Kumar Yadav S/o Late Hiralal Yadav Aged About 28 Years R/o
      Cannal City, Ward No. 18, Near Shiv Temple, Janjgir, District Janjgir Champa
      Chhattisgarh.                                                ---- Petitioner

                                      Versus

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

   2. Director Chhatitsgarh State Veterinary Services, Indrawati Bhawan, 3rd Floor,
      Atal Nagar, District Raipur Chhattisgarh.

   3. Additional Director Chhattisgarh State Veterinary Services , District Bilaspur
      Chhattisgarh.

   4. Deputy Director Chhattisgarh State Veterinary Services, District Janjgir
      Champa Chhattisgarh.

   5. Collector District Janjgir Champa Chhattisgarh.

                                                  ----Respondents

For Petitioner : Shri Ashutosh Trivedi, Advocate.

For State                        :      Ms. Binu Sharma, P.L.


                      Hon'ble Shri Justice P. Sam Koshy
                                Order On Board
29.06.2021

1. The present writ petition has been filed seeking for a relief of an

appropriate direction to the respondents to consider whether the

suspension of the petitioner needs to be continued or not.

2. According to the counsel for the petitioner, the petitioner has been

placed under suspension on 10.09.2020 as such he has remained

under suspension for a period of more than nine months. Relying upon

the judgment of the Hon'ble Supreme Court in the Case of Ajay

Choudhary v. Union of India and Anr. 2015 7 SCC 291, the present writ

petition has been filed for an appropriate direction to the respondents to

reconsider whether the suspension needs to be revoked or not.

3. In view of the judgment of Hon'ble Supreme Court in the case of Ajay

Choudhary (supra), the present writ petition in its present form is

disposed of directing the respondents No. 2 to 4 to take an appropriate

decision on the order of suspension deciding as to whether the service

of the petitioner has to be continued under suspension or the order of

suspension needs revocation.

4. According to the Counsel for the petitioner, he has been placed under

suspension because of his implication in a criminal case. That the said

criminal case is only at the stage where the charge-sheet has been

recently filed and it would take a very long time for the trial to conclude.

Therefore, the authorities may reconsider whether the petitioner should

be taken back in service or not.

5. Given the said facts and circumstances of the case, the respondents

No. 2 to 4 to take an appropriate decision in-respect-of continuation of

the suspension of the petitioner at the earliest preferably 60 days from

the date of receipt of copy of this order.

6. The writ petition accordingly stands disposed of.

Sd/-

1. P. Sam Koshy Judge

Jyotijha