Sanat Kumar Mahipal vs State Of Chhattisgarh And Ors

P. Sam Koshy, J

Challenge in this petition is to the order of suspension dated 19.07.2017 (Annexure P/1) as also the disciplinary proceedings initiated against the

petitioner vide order dated 24.08.2016 (Annexure P/2).

The order Annexure P/2 was an order of appointment of Enquiry Officer contemplating Departmental Enquiry against the petitioner on 24.08.2016.

Thereafter, in the course of enquiry the services of the petitioner has been placed under suspension on 19.07.2017 (Annexure P/1).

The counsel for the petitioner submits that more than two years have passed from the date the enquiry officer was appointed but till date enquiry

has not been concluded and the petitioner has also been placed under suspension and thereby put to substantial inconvenience and difficulties. The

respondents have not been able to collect anything in the course of investigation and the petitioner is unnecessarily being put to hardship by the

respondents by not concluding the departmental enquiry.

The petitioner further submits that in the course of enquiry many of the witnesses infact have not supported the case of the department, rather have

proved it otherwise.

Given the aforesaid facts and circumstances of the case, this court does not intend to keep this petition pending. Accordingly, the respondents are

directed to ensure that Departmental Enquiry initiated against the petitioner is concluded at the earliest preferably within an outer limit of six months

from today. Meanwhile, the respondents would also consider whether there is any further necessity pending the Departmental Enquiry to keep the

services of the petitioner still under suspension.

Accordingly, the writ petition stands disposed of.