1 2025:CGHC:48369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3987 of 2020 M K Garhewal S/o M. L. Agrawal Aged About 60 Years R/o R-9, Baloda Bazar Road, Dubey Colony, Mowa, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioner versus 1 -State Of Chhattisgarh (Through Secretary, Department Of Agriculture Development And Farmer Welfare And Bio Technology) Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - State Of Chhattisgarh (Through Deputy Secretary, Establishment Branch) Department Of Agriculture Development And Farmer Welfare And Bio Technology) Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited (Through Managing Director) Beej Bhawan, Telibandha, Raipur Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Khulesh Sahu, Advocate appears on behalf of Mr. Sabysacchi Bhaduri, Advocate ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.25 10:34:36 +0530 2 For State : Mr. Dashrath Prajapati, Panel Lawyer For Respondent no. 3 : Mr. Anmol Singh, Advocate appears on behalf of Mr. Prakash Tiwari, Advocate Hon’ble Shri Justice Parth Prateem Sahu Judgment on Board 19.09.2025 1. The present writ petition has been filed by petitioner under Article 226 of the Constitution of India, being aggrieved by inaction on the part of Respondent authority in denying salary and other emoluments to petitioner for the period from 28.11.2018 till 12.03.2020. 2. Facts relevant for disposal of this petition, are that, petitioner was holding the post of Joint Director, Agriculture & Deputy Registrar, Indira Gandhi Krishi Vishwavidyalaya. However, on 15.03.2016 he was suspended from his services on the ground that a criminal case bearing Special Sessions Case No. 234/2016 under Section 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act was pending against him before the Special Judge (Prevention of Corruption Act) & 8th Additional Sessions Judge, Raipur. On 07.12.2017 suspension order of petitioner came to be revoked, he was reinstated in services and posted as Joint Director, Agriculture in the Office of Managing Director, Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited. Later on, petitioner was convicted in the said criminal case against which he preferred a 3 criminal appeal before the High Court, and the High Court was pleased to suspend the sentence and awarded to petitioner and released him on bail. Upon release, petitioner duly gave joining before the concerned authority, but, he was denied salary and other emoluments for a considerable period of time. Being aggrieved, he made several representations before the Respondent-State, but his grievance has not been redressed. 3. Learned counsel for the petitioner would submit that while the petitioner was posted with respondent no. 3, he was suspended because of registration of a criminal case against him under Section 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, however, the suspension of petitioner was revoked on 07.12.2017 and petitioner was reinstated in services. On 21.08.2018 he was convicted and upon which an appeal was preferred before this Court. He further submits that petitioner was reinstated in service vide order dated 07.12.2017 and since then he worked till 12.03.2020 i.e. till the date of order of termination from service. He lastly submits that though for some period from reinstatement, salary was paid to him, however, from 28.11.2018 payment of salary was stopped and he was not paid till the date of his termination against which he has already submitted a representation before respondent no. 1, which is pending consideration, hence, a direction be issued to respondent no. 1 to take decision on pending representation at the earliest. 4 4. Learned counsel for the State submits that if representation is still pending consideration, it will be considered and decided in accordance with law. He however submits that considering that representation submitted by petitioner is dated 15.09.2020, petitioner may be directed to submit fresh representation for consideration by respondent no. 1. 5. I have heard learned counsel for respective parties and perused the documents annexed with petition. 6. Considering the submissions made by learned counsel for respective parties, this writ petition stands disposed of permitting petitioner to submit fresh representation before the respondent no. 1, as a reminder to representation dated 15.09.2020, raising all the grounds as raised in this writ petition. If such a representation is made, respondent no. 1 shall consider and decide the same in an objective manner in accordance with law expeditiously, preferably within a period of eight weeks from the date of receipt of representation. 7. With the aforesaid liberty, the present writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza