Suresh Kurrre vs State Of Chhattisgarh
2021 Latest Caselaw 718 Chatt

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                                                                          NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                      Writ Petition (S) No. 3042 of 2021

      Suresh Kurrre S/o Late Atmaram Kurre, Aged About 41 Years, Working
      As Labor Inspector Jashpur, R/o Sai Niwas Apartment, House No. 201/
      T, Face-1, 2nd Flore Torwa, P.S. Torwa, District Bilaspur, Chhattisgarh

                                                                   ---- Petitioner

                                    Versus

   1. State Of Chhattisgarh Through Secretary, Department Of Labor
      Commissioner, New Raipur, Atal Nagar, District Raipur, Chhattisgarh

   2. The Labor Commissioner, Chhattisgarh,               Office     Of    Labor
      Commissioner, New Raipur, Chhattisgarh

                                                            ---- Respondents

For Petitioner : Mr. Syed Ishhadil Ali, Advocate For State : Mr. Rahul Jha, Govt. Advocate

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

1. Aggrieved by the prolonged suspension of the petitioner from service

the present writ petition has been filed.

2. The petitioner was working under the respondents as a Labour

Inspector who was implicated in a criminal case under the Prevention

of Corruption Act and was arrested on 14.10.2019. In the light of the

petitioner remaining under custody for a period of 48 yours, his

services were placed under suspension vide order dated 23.11.2019.

Though more than 1 ½ years have lapsed, the petitioner is under

suspension and therefore, the present writ petition has been filed for an

appropriate direction to the respondents 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 and Anr. reported in (2015) 7

SCC 291 where it was required for reconsideration of suspension

beyond the period of 90 days.

3. Given the aforesaid legal position as it stands and also taking into

consideration the circular of the State Govt. where beyond the period of

12 months the Department should reconsider whether the suspension

has to be continued or not, the writ petition at this juncture stands

disposed of directing the respondents to take an appropriate decision

taking into consideration the entire factual matrix of the case as to

whether the suspension of the petitioner needs to be continued or it

needs to be revoked. Let an appropriate decision be taken in this

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

order.

4. The writ petition stands disposed of.

Sd/-

P. Sam Koshy Judge Khatai