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2025 DAILYLAW 41965 (CHH)

DR. R. N. MISHRA v. STATE OF CHHATTISGARH

WPS/7085/2024 · 2025-01-21

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:3627 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7085 of 2024 Dr. R. N. Mishra, Aged About 59 Years, S/o Shri Rajnath Mishra, holding the substantive Post of Assistant Director At Office Of The DEO, Dhamtari, Presently Working As In-Charge Block Education Officer, Kurud, District Dhamtari (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh, Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur (C.G.) 2 - The Under Secretary Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur (C.G.) 3 - The Director, Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar Nawa Raipur 4 - The Collector, Dhamtari, District Dhamtari (C.G.), 5 - The District Education Officer Dhamtari, District Dhamtari (C.G.) 6 - The Block Education Officer, Kurud District Dhamtari (C.G.) ... Respondents For Petitioner : Shri Manoj Chauhan, Advocate. For Respondents/State : Shri Khulesh Sahu, PL. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.25 16:26:50 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 21/01/2025 1. Heard Shri Manoj Chauhan, learned counsel for the petitioner and Shri Khulesh Sahu, learned Panel Lawyer for the State. 2. Instant petition has been filed seeking following reliefs:- “(i)To issue a command directing the respondents to produce the entire record pertaining to the issuance of the impugned suspension order for kind perusal of the Hon’ble Court. (ii)To issue a writ in the nature of certiorari quashing the impugned suspension transfer order dated 16/10/2024 (Annexure P/1) issued by the respondent No.2. (iii)To issue a command directing the respondents to allow the petitioner either as In-charge Block Education Officer, Kurud or as Deputy Director in the office of the DEO, Dhamtari (CG). (iv) Any other relief which the Hon’ble Court may deem fit, in the interest of justice.” 3. The petitioner has challenged the suspension order dated 16/10/2024 while suspending him and for initiation of departmental enquiry against the petitioner. The petitioner is challenging the said order stating that the impugned order of suspension is per se illegal as without there being any reason, the petitioner has been suspended. The petitioner further submits that the departmental enquiry has been initiated and charge sheet has been issued vide order dated 31/12/2024. 4. The State Government vide its memo dated 27/06/2024 has issued a circular stating that in case the departmental enquiry is initiated against the delinquent, it should be finalized within one year. As such, taking 3 note of this fact, the respondent/authorities are directed to conclude the departmental enquiry within one year from the date of initiation of the departmental enquiry. 5. With this observation and direction, the petition is disposed of. Sd/- (Amitendra Kishore Prasad ) Judge gouri