1 2025:CGHC:3845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 577 of 2025 1 - Niranjan Patar S/o Shri Chhabilal Patar Aged About 32 Years Occupation Suspended Panchkarm Sahayak, Specialized Therapy Center, Community Health Center Dongargarh, Distt. Rajnandgaon (C.G.) ...Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Ayush Department, Mantralaya Mahanadi Bhawan, Capital Complex Atal Nagar, New Raipur District Raipur (C.G.) 2 - Director, Directorate Of Ayush Chhattisgarh, Indravati Bhawan, Block-1 Third Floor, Nawa Raipur Atal Nagar, District Raipur (C.G.) 3 - District Ayush Officer, Rajnandgaon, Deendayal Nagar, Near Water Tank Ward No. 06, Chilkhi, Rajnandgaon, Distt, Rajnandgaon (C.G.) 4 - District Ayush Officer Kabeerdham, Kawardha, Distt.-Kabeerdham (C.G.) 5 - Dr. Shobhi Khan, Specialist Doctor, Specialized Therapy, Center, Community Health Center Dongargarh, Distt.-Rajnandgaon (C.G.) ... Respondents (Cause-title taken from the Case Information System) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Rajendra Patel, Advocate For State :- Ms. Nupur Trivedi, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 22.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the impugned order dated 20.12.2024(Annexure P-1) and to direct the respondent authority to allow the petitioner to continue to work on his post. 10.2 That, this Hon'ble Court may kindly pleased to direct the respondents to decide the representation afresh. petitioner 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 2. Learned counsel for the petitioner submits that vide order dated 20.12.2024, the respondent authorities have placed the petitioner under suspension stating that the petitioner has misbehaved with the Head of the Institution and by the said order, the services of the petitioner are also attached to the Office or District Ayush Officer, Kabirdham. He submits that the said suspension order is bad in law as the opinion of the complainant was sought by the authorities concerned, as such, the order impugned is prima facie 3 illegal and deserves to be quashed. 3. On the other hand, learned State counsel submits that the suspension is not a punishment and the suspension order cannot be quashed only on the ground which has been raised by the petitioner. 4. Considering the fact that the suspension order was sought to be quashed on the ground of merits of the case and not on the ground that it was passed by any incompetent Officer, as such, I do not find any good ground to interfere in the matter. Accordingly, the writ petition is dismissed. 5. However, the petitioner is granted liberty to participate in the departmental enquiry and the authorities concerned are directed to consider the case of the petitioner on its own merits without influencing this order and further the departmental enquiry be concluded within a period of one year as per circular dated 27.06.2024. sd/- (Amitendra Kishore Prasad) Judge Vishakha