Smt. Priya Amle vs Executive Director, Bilaspur ...
2021 Latest Caselaw 2493 Chatt

                                      1

                                                                      NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR

                         WPS No. 5063 of 2021

   1. Smt. Priya Amle W/o Tikesh Yadav Aged About 33 Years Junior
      Engineer (Suspended) C. S. P. D. C. L. Mungeli R/o Vaishnawi Vihar,
      Near Ram Krishna Store, Uslapur District Bilaspur Chhattisgarh

                                                              ---- Petitioner

                                   Versus

   1. Executive Director, Bilaspur Region Chhattisgarh State Power District
      Company Limited Bilaspur Chhattisgarh

   2. Superintending Engineer Bilaspur Circle, Chhattisgarh State Power
      Distribution Company Limited Bilaspur Chhattisgarh
                                                       ---- Respondents

For Petitioner : Mr. Somnath Verma, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 22.09.2021

1. The grievance of the petitioner in the present writ petition is the

prolonged suspension of services of the petitioner.

2. According to the counsel for the petitioner, the petitioner was placed

under suspension on an alleged act of misconduct vide order dated

05.08.2020. The petitioner was placed under suspension contemplating

departmental enquiry, However, though more than 1 year has lapsed,

the departmental enquiry is progressing at a slow pace and the

petitioner remained under suspension for a period of more than one

year.

3. Counsel for the petitioner refers to the judgment of the Hon'ble

Supreme Court in the case of Ajay Kumar Choudhary vs. Union of

India reported in 2015 (7) SCC 291., where the disciplinary authorities

or the authorities who have placed an employee under suspension to

reconsider, whether the suspension has to be extended beyond a

period of 90 days or not. In the instant case, the petitioner had made a

representation in this regard to the respondents on 10.08.2021 on

which also, there is no further progress made by the respondents.

4. Given the limited grievance that the petitioner has, this Court is of the

opinion that the writ petition itself can be disposed of at this juncture

keeping in view the observations/directions issued by the Hon'ble

Supreme Court in the case of Ajay Kumar Choudhary (Supra) where

the disciplinary authorities or the authorities placing the employee

under suspension is duty bound to reconsider beyond a period of 90

days so far as extending the period of suspension is concerned. Let the

respondents No. 1 & 2 take an appropriate decision in-respect-of the

petitioner's prayer for revoking the suspension order in accordance with

the observations made by the Hon'ble Supreme Court in the case of

Ajay Kumar Choudhary (supra), at the earliest preferably within a

period of 45 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of.

Sd/-

P. Sam Koshy Judge

J/-