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2025 DAILYLAW 3128 (CHH)

DINESH PRATAP SHARMA v. STATE OF CHHATTISGARH

WPS/273/2025 · 2025-01-14

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:2170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 273 of 2025 • Dinesh Pratap Sharma S/o Late Shri Ram Sundar Sharma Aged About 56 Years Occupation - Junior Auditor, District Education Officers Office Manendragarh District Manendragarh Chirmiri Bharatpur (M.C.B.) Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2. The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3. The Collector And District Magistrate Koria Baikunthpur Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 4. The Additional Collector And Additional District Magistrate Koria Baikunthpur Chhattisgarh. 5. The District Education Officer Koria Baikunthpur Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Vipin Tiwari, Advocate. For Respondent/State : Ms. Ayushi Agrawal, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to quash the impugned letter dated 23.01.2024 (Annexure P-1) issue by the respondent no. 4 to conduct the departmental inquiry of the petitioner, declaring it as without any authority being illegal and arbitrary, in the interest of justice. 10.2 That, the Hon'ble Court may kindly be please to issue writ of Mandamus commanding upon respondents and direct them to grant the salary of the petitioner during his suspension in stipulated time, in the interest of justice. 3 10.3 That, Any other order or Direction or Relief though just and fit in the circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioner submits that departmental enquiry initiated against the petitioner commenced on 23.01.2024, however, it has not been concluded till date as such the petitioner is facing great hardship. 3. Learned counsel for the respondents submits that they will conclude the departmental enquiry. 4. The State Government has issued a circular dated 27.06.2024 according to which it has been specifically directed to the concerned authorities to decide the departmental enquiry within a period of one year. However, in the present case, according to the date of initiation of departmental enquiry the said period is going to be expired on 23.01.2025. 5. The respondents are directed to decide the departmental enquiry within a further period of two months so that the circular dated 27.06.2024 may be complied with. 6. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat