Chattisgarh High Court
Shivcharan Kaushal vs State Of Chhattisgarh on 14 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(S) No. 1240 of 2023
Shivcharan Kaushal S/o Shri L.R. Kaushal Aged About 49 Years
Occupation Junior Assistant At Chhattisgarh State Civil Supplies
Corporation Limited, R/o Village Dumarpali, Post Office Usrout, Police
Station Bhupdevpur, Tahsil And District Raigarh Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of
Food And Civil Supplies, Mantralaya, Naya Raipur, District
Raipur Chhattisgarh
2. The Chairman Chhattisgarh State Civil Supplies Corporation
Limited, Sector 24, Block No. 7-A, Atal Nagar, Naya Raipur
District Raipur Chhattisgarh
3. The Managing Director Chhattisgarh State Civil Supplies
Corporation Limited, Sector 24, Block No. 7-A, Atal Nagar, Naya
Raipur District Raipur Chhattisgarh
4. The District Manager Chhattisgarh State Civil Supplies
Corporation Limited, Korba District Korba Chhattisgarh
---- Respondents
For Petitioner : Mr. Abhishek Saraf, Advocate
For Respondent No.1/State : Mr. Suyashdhar Badgaiya, P.L.
For Respondent No.2 to 4 : Mr. Kashif Shakeel, Advocate
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
14/02/2023
1. Grievance of petitioner in this petition is that respondent No.3 has
not passed any order on the suspension of petitioner, after his
acquittal in criminal case.
2. Learned counsel for petitioner submits that petitioner while
working on the post of Junior Assistant in the office of respondent
No.4 was implicated in one criminal case and was arrested. Due
to his involvement in criminal case and arrest, petitioner was
suspended in the year 2008 and since then petitioner till date is
under suspension. In criminal case registered against petitioner,
charges were framed and after full fledged trial petitioner was
acquitted from charges levelled against him under Section 420,
461, 468, 471 of Indian Penal Code vide judgment dated
23.06.2022. Petitioner after his acquittal approached to
respondent authorities and when no action was taken on his oral
request, he sent legal notice through his advocate on
01.09.2022 requesting for reinstatement but till date no decision
is taken by respondents No.3.
3. Learned counsel for respondents No.2 to 4 on instructions
submits that after receipt of legal notice, respondents have sent
letter to petitioner asking for order in criminal case and other
documents of criminal case, however, till date no documents are
not supplied, therefore, no decision is taken on the notice/request
of petitioner.
4. Learned counsel for petitioner submits that petitioner is not aware
of any letter sent by respondents asking for supply of documents
including the judgment in criminal case and it is for the first time it
came to his knowledge. However, he submits that petitioner will
submit the required documents within a period of two weeks and
the respondents be directed to take decision on the request and
the notice sent by petitioner expeditiously thereafter.
5. I have heard learned counsel for parties and perused the
documents available in record.
6. Taking into consideration the submission of learned counsel for
parties particularly the submission of learned counsel for
respondents No.2 to 4 that notice sent by petitioner was received
by respondent No.3, however for want of records and the
decision in criminal case, no further action was taken, this
petition is disposed off directing petitioner to submit the judgment
of acquittal in criminal case and other relevant documents to the
office of respondent No.3 and upon submission of such
documents, respondent No.3 shall take decision on the claim of
petitioner as made in the notice sent by petitioner in accordance
with law expeditiously preferably within a period of two months
from the date of receipt of documents.
7. Accordingly, this petition is disposed off with aforesaid
observations and directions.
C.C. as per rules.
1. Sd/-
(Parth Prateem Sahu)
Judge
Balram
