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Girish Kumar Sahu vs Ku Aarti Yadeo And Ano r

Chhattisgarh High Court · Decided on 19 April 2018 · Citation: (2018) 04 CHH CK 0236

HON’BLE JUDGES
P. SAM KOSHY, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 420
RESULT
Disposed of
CASE NUMBER
WRIT PETITION (S) NO. 3171 OF 2018
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Judgment

18 paragraphs · 372 words
1.

Grievance of the Petitioner is the order of suspension dated 8.1.2016.

2.

Contention of the learned Counsel for the Petitioner is that though more than 2 years have been passed the Petitioner is still under suspension and

the only ground of suspension was his involvement in a criminal case and the trial still not completed. He submits that there is no possibility of early

conclusion of the trial and there also does not seem to be any fruitful purpose in keeping the Petitioner under suspension. Thus, prayed for a direction

to the Respondents to consider the case of the Petitioner for revocation of the suspension, in the light of the judgment of the Hon'ble Supreme Court in

the case of Ajay Kumar Choudhary v. Union of India & Another, 2015 (7) SCC 291.

3.

Learned State Counsel however opposes the petition on the ground that the Petitioner was involved in a criminal case wherein he is being

prosecuted for the offence punishable under Section 420/34 of IPC and the case is still going on. The Petitioner was also in between arrested and

been in custody for more than 48 hours and under the provisions of Rule

9 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, the Petitioner has been placed under suspension and until and unless

the criminal case is concluded the suspension of the Petitioner cannot be revoked.

4.

Be that as it may, taking into consideration the observations of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary (supra), this Court

is of the opinion that let the Respondent No.2 take a decision in the light of the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar

Choudhary (supra) whether there is any further requirement of continuing the services of the Petitioner to be placed under suspension. The authority

would be free to take a decision taking into consideration all the relevant facts and rules applicable.

5.

It is expected that Respondent No.2 shall take a decision on the claim of the Petitioner within a period of further 60 days from the date of

receipt/production of certified copy of this order.

6.

With the aforesaid direction/observation, the writ petition stands disposed of.