Nidhan Singh Kushwaha vs State Of Chhattisgarh
2022 Latest Caselaw 1285 Chatt

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                                                                      N/AFR
              HIGH COURT OF CHHATTISGARH AT BILASPUR
                            WPS NO.1660 OF 2022

 Nidhan Singh Kushwaha, S/o Late Shri Ramdaras Singh Kushwaha, aged
  about 60 years, R/o Narsingh Vihar Colony, Katulboard, Durg, District Durg
  (C.G.)
                                                                 ... Petitioner
                                    Versus
  1.     State of Chhattisgarh, through: Secretary, Agriculture, Development
  and Farmer Welfare Bio Technology Department, Mantralaya, Mahanadi
  Bhawan, Naya Raipur, Atal Nagar, Raipur, District Raipur (C.G.)
  2.     Director, Technology and Field Forestry, Indravati Bhawan, Atal
  Nagar, Nawa Raipur, District Raipur (C.G.)
  3.     Assistant Director, Forest, Mahasamund, District Mahasamund
  (C.G.)
  4.     Collector, Mahasamund, District Mahasamund (C.G.)
                                                             ... Respondents

         For Petitioner                 :     Mr. B.P. Singh, Advocate.
         For Respondents                :     Mr. Avinash Singh, Panel Lawyer.

                     Hon'ble Shri Justice P. Sam Koshy
                              Order on Board
                               [11/03/2022]

1. Challenge in the present Writ Petition is to the Suspension Order

dated 3.9.2021 (Annexure P-1).

2. Learned Counsel for Petitioner submits that after the Petitioner was

placed under suspension on 3.9.2021, the Respondents have initiated a

Departmental Enquiry but it has not progressed substantially and there is

no likelihood of an early conclusion of the said Departmental Enquiry also

and that considering the nature of charges that have been levelled, the

Respondents ought to have reconsidered the continuation of service of the

Petitioner under suspension.

3. Learned Counsel for Petitioner has relied upon the decision

rendered by the Hon'ble Supreme Court in the case of Ajay Kumar

Choudhary Vs. Union of India & Another [2015 (7) SCC 291] wherein

the Hon'ble Apex Court has directed that in the event of continuation of a

Departmental Enquiry of an employee who is under suspension for a

period of more than 90 days, the employer is bound to reconsider the

continuation of suspension, which in the instant case till date the

Respondents have not done.

4. Learned Panel Lawyer appearing for Respondents submits that the

Respondents shall consider the case of the Petitioner in the light of the

Judgment of the Hon'ble Apex Court in "Ajay Kumar Choudhary" (supra).

5. Given the aforesaid submissions by learned Counsels for the

parties, the present Writ Petition as of now is being disposed of directing

the Respondent No.1 to reconsider the case of the Petitioner so far as

continuation of Order of suspension is concerned and appropriate decision

in this regard be taken within a period of 45 days, keeping in view the

observations made by the Hon'ble Supreme Court in Paragraph-1 of the

Judgment rendered in the case "Ajay Kumar Choudhary" (supra).

6. Writ Petition accordingly stands disposed of.

Sd/-

(P. Sam Koshy) JUDGE

sharad