Disposed

Gopal Krishna Mishra v. State of Chhattisgarh

Chhattisgarh HC9 Aug 2023WPS/3094/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition challenging a suspension order. It directed the enquiry officer to complete the enquiry within three months, balancing Rule 9 concerns with the petitioner's impending retirement.

What did the court decide?

Directed enquiry officer to complete enquiry within three months from receipt of order, subject to petitioner cooperation.

Gopal Krishna Mishra Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3094 of 2023

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Gopal Krishna Mishra S/o Late R. S. Mishra, Aged About 61 Years Occupation Chief Executive Officer, Janpad Panchayat, Korba, District : Korba, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through Secretory, Tribal Welfare Department, Atal Nagar, Naya Raipur, Raipur, Chhattisgarh.

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Assistant Commissioner, Tribal Welfare Department, Korba, Chhattisgarh.

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Collector, District Korba, Chhattisgarh.

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Vice President, Janpad Panchayat, Korba, Chhattisgarh.

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Chief Executive Officer, Zila Panchayat, Korba And District Treasury Officer, Korba, Chhattisgarh.

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---- Respondents

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----------------------------------- For petitioner	----------- :	----------------------------------------------------------- Mr. Ashish Shrivastava, Sr. Advocate with Mr. Soumya Rai & Mr. Rohishek Verma, Advocates.
For Respondent/State	:	Mrs. Sunita Jain, Govt. Advocate.

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Hon'ble Shri Justice Narendra Kumar Vyas.

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Order on Board

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(9-8-2023)

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By fling this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned order dated 22-022023 (Annexure P/1) whereby he has been placed under suspension.

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Learned Senior Advocate assisted by Mr. Soumya Rai & Mr. Rohishek Verma, Advocates for the petitioner would submit that the impugned order has been passed beyond Rule 9 of Chhattisgarh Civil Services (Classifcation, Control and Appeal) Rules 1966 (for short the Rules 1966). He would further submit that charge-sheet has not been issued even after 90 days, therefore, suspension of the petitioner deserves to be revoked.

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On the other hand, learned State counsel would submit that vide memo dated 19-06-2003, charge-sheet was to be served on the petitioner, but it was returned with endorsement that he had refused to receive the charge-sheet on 05-07-2023. Therefore, charge-sheet has been issued and an enquiry has to be conducted now, in accordance with the law.

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Learned Senior Advocate would submit that the petitioner has already completed 61 years and is due for retirement in the month of January, 2024, therefore, respondents may kindly be directed to conclude enquiry within an outer limit of two or three months, so that the retiral dues of the petitioner may not be withheld by the respondents because of the enquiry.

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Learned State Counsel would submit that charge-sheet has already been issued, enquiry ofcer and presenting ofcer have also been appointed and list of documents have already been enclosed with charge-sheet, therefore, there will be no delay on the part of the State to conduct enquiry.

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In view of the aforesaid factual matrix of the case, it is directed that enquiry ofcer shall complete the enquiry within an outer limit of three months from the date of receipt of copy of this order, subject to cooperation of the delinquent ofcer/ petitioner.

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It is made clear that the petitioner will not adopt any delay tactics to delay the enquiry proceedings. The petitioner is at liberty to raise all his objections with regard to issuance of charge sheet and charges levelled against him. The petitioner is also at liberty to make an application before the Disciplinary Authority for revocation of suspension order if enquiry is not concluded as per instructions issued by the Government regarding completion of enquiry issue time to time.

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With the aforesaid observation and direction the writ petition is disposed of. Sd/-

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( Narendra Kumar Vyas)

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JUDGE

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Raju

Gopal Krishna Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gopal Krishna Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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