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2025 DAILYLAW 28074 (CHH)

GIRISH KUMAR DEWANGAN v. SECRETAY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES

WPS/5048/2018 · 2025-03-25

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:14276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5048 of 2018 Girish Kumar Dewangan S/o Late Siyaram Dewangan Aged About 57 Years R/o Renugiri, Opposite Hig 110, Deen Dayal Upadhyay Nagar, Sector 1, Raipur, District Raipur, Chhattisgarh, Occupation Accountant, Nagri Apurti Nigam Limited, District : Raipur, Chhattisgarh ... Petitioner versus 1- Secretay, Department of Food and Civil Supplies Mahanadi Bhavan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2- Chhattisgarh State Civil Supplies Corporation Limited, Through Its Managing Director, Hitwad Premises, Awanti Vihar Colony, Raipur, District Raipur, Chhattisgarh. 3- Chairman, Chhattisgarh State Civil Supplies Corporation Limited, Hitwad Premises, Awanti Vihar Colony, Raipur, District Raipur, Chhattisgarh. 4- Managing Director, Chhattisgarh State Civil Supplies Corporation Limited, Hitwad Premises, Awanti Vihar Colony, Raipur, District Raipur, Chhattisgarh. 5- District Manager, Chhattisgarh State Civil Supplies Corporation Limited, District Office Durg, District Durg, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Rajnish Singh Baghel, Advocate For State : Mr. Vedant Shadangi, Panel Lawyer For Respondent No. 2 to 5 : Mr. Animesh Tiwari, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board Digitally signed by NADIM MOHLE -2- 25.03.2025 1) The petitioner has filed this writ petition seeking the following relief(s): “10.1 The Hon'ble Court may kindly be pleased to call for the records from the respective offices of the respondents. 10.2 The Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 18.02.2015 (Annexure P-1) passed by respondent No. 4 and also the resolution no. 66.05 passed in meeting, dated 18/05/2018, (Annexure P-2) of board of directors of respondent no.2. 10.3 The Hon'ble Court may kindly be pleased to direct the respondents to pay salary for the period of suspension. 10.4 The Hon'ble Court may kindly be pleased to grant any other ancillary relief, as it may deem fit and proper in the facts and circumstances of the case. 10.5 Cost of the petition.” 2) The petitioner would fairly submit that the departmental enquiry which was pending against the petitioner has already been closed and the suspension of the petitioner was revoked vide order dated 02.07.2020. He would further submit that the petitioner has got retired from services on 30.06.2023, but the salary of suspension period has not been paid to the petitioner till date. He would contend that the provisions of Rule 54 of Fundamental Rules would attract in the present case. He would further submit that the respondent authorities may be directed to consider the claim of the petitioner in light of Rule 54 of the Fundamental Rules. 3) On the other hand, Mr. Animesh Tiwari, learned counsel appearing for the respondents No.2 to 5 would submit that if the petitioner makes a representation before respondent No.4, same would be considered strictly in accordance with Rule 54 of the Fundamental Rules. 4) Mr. Vedang Shadangi, learned Panel Lawyer would support the submission made -3- by Mr. Tiwari. 5) Taking into consideration the submission made by the learned counsel appearing for the respective parties, at this juncture, the present writ petition is disposed of reserving liberty in favour of the petitioner to make a representation before the respondent No.4 within a period of 15 days, and in turn, the authority concerned is directed to decide the representation of the petitioner in objective manner in the light of Rule 54 of Fundamental Rules, preferably within a period of 45 days. 6) With the aforesaid observation and direction, this writ petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim