Allowed

Dr. S.S. Agrawal v. State of Chhattisgarh

Chhattisgarh HC5 Dec 2023WPS/6057/2023

Case brief

AI extract

What is this about?

The Single Judge allowed a writ petition challenging the suspension of a government employee. The court held that the suspension order, issued alongside a charge-sheet on 28.07.2023, forfeited its validity due to inaction beyond the three-month limit mandated by Supreme Court precedent. Consequently, the suspension was quashed, and the petitioner was directed to be reinstated forthwith.

What did the court decide?

Impugned suspension order dated 28.07.2023 set aside; Petitioner reinstated forthwith; Respondents at liberty to proceed with departmental enquiry.

Dr. S.S. Agrawal Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (S) No. 6057 of 2023

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Dr. S.S. Agrawal S/o Late Shri Krishna Agrawal Aged About 64 Years Presently Posted and working as Principal, Rajiv Gandhi Government P.G. College, Ambikapur, District Surguja (C.G.).

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---- Petitioner

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Versus

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State of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mahanadi Bhavan Mantralaya, New Raipur, P.S. Rakhi, Atal Nagar Dist. - Raipur (C.G.).

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Under Secretary, Department of Higher Education, Mahanadi Bhavan Mantralaya, Naya Raipur, Post Office and Police Station Naya Raipur, Atal Nagar, District - Raipur (C.G.).

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Commissioner, Directorate of Higher Education, Indravati Bhavan Naya Raipur, Post Office and Police Station- Naya Raipur, Atal Nagar, District Raipur (C.G.).

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Deleted (Shree Umesh Patel), As Per Honble Court Order Dated. 1/12/2023.

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Shree Bhuvnesh Yadav, Ex Secretary, Govt of Chhattisgarh Higher Education, Presently Posted As Secretary, Women and Child Development, Department of C.G. Govt.

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Shree Siddharth Komal Pardesi, Secretary, Department of Higher Education, Mahanadi Bhawan Mantralay, New Raipur, P.S. Rakhi, Atal Nagar Dist. Raipur (C.G.)

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Shreemati Sharda Verma, Commissioner, Directorate of Higher Education Indravati Bhavan Naya Raipur Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (C.G.).

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Rizwan Ulla Presently Posted and working as In-Charge Principal, Rajiv Gandhi Government P.G. College, Ambikapur, District - Surguja (C.G.).

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Shree R.A. Nirmalkar, Under Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (C.G.).

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---- Respondents

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For Petitioner : Mr. Rakesh Kumar Jha, Advocate For State-respondent : Mr. Sandeep Dubey, Dy. A.G.

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Hon'ble Shri Justice Arvind Singh Chandel

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Order on Board

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05/12/2023

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Learned counsel for the petitioner submits that vide impugned order dated 28.07.2023 (Annexure P/1), service of petitioner has suspended by respondents-authorities. Charge-sheet has also been issued to the petitioner, but till date even after completion of more than four months, neither any order of suspension has been passed nor any progress in the matter of petitioner has been done by respondents-authorities. Matter is squarely covered with the judgment dated 09.09.2022 passed by Division Bench of this Court in Writ Appeal No.456/2022 ( Manisha Pathak Vs. State of Chhattisgarh and Others) , which is based on judgment passed by Hon'ble Supreme Court in case of Ajay Kumar Choudhary Vs. Union of India, reported in (2015) 7 SCC 291. Hence, it is prayed that this writ petition may also be allowed and directing the concerned respondents-authorities to reinstate the petitioner in the service.

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Learned State Counsel also admitted that as on date no order of suspension has been issued by the respondents-authorities and

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matter is squarely covered with the judgment passed by Hon'ble Supreme Court in in case of Ajay Kumar Choudhary (supra).

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Heard learned counsel for the respective parties and gone through the judgment passed by Division Bench of this Court in case of Manisha Pathak (supra) which is based upon the judgment of Ajay Kumar Chaudhary (supra).

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Relevant para of judgment of Manisha Pathak (supra) reads as under:-

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“11.In Ajay Kumar Choudhary (supra), the Hon'ble Supreme Court, in paragraph 21, has categorically held that currency of the suspension order should not exceed beyond three months if within this period the memorandum of charges/charge-sheet is not served on the delinquent officer/employee, and if the memorandum of charges/charge-sheet is served, a reasoned order must be passed for the extension of the suspension.”

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On minute examination of facts of the case, it reveals that order of suspension of petitioner has been passed on 28.07.2023, though on the same date, i.e., 28.07.2023 itself charge-sheet has been issued to the petitioner, but no progress has been done in the matter till date. Further, no extension order for suspension has been passed yet and, therefore, matter is squarely covered with judgment of Manisha Pathak (Supra).

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Considering facts of the case, grounds raised in writ petition, material/documents available on record, submissions of learned counsel for the respective parties, the fact that matter is squarely covered with judgment of Manisha Pathak (Supra) and further considering the law laid down by Hon'ble the Supreme Court in case of Ajay Kumar Choudhary (Supra), I am of the view that impugned order of suspension passed by the respondentauthority is liable to be set aside.

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Accordingly, the writ petition is allowed. Impugned order of suspension dated 28.07.2023 (Annexure P/1) is hereby set aside. Respondents are directed to reinstate the petitioner in the service forthwith. However, respondents-authorities will be at liberty to proceed further regarding departmental enquiry in accordance with law and relevant rules or provisions.

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Certified copy as per rules.

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Sd/(Arvind Singh Chandel) Judge

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Vasant

Dr. S.S. Agrawal v. State of Chhattisgarh

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Dr. S.S. Agrawal v. State of Chhattisgarh

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