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2025 DAILYLAW 5248 (CHH)

CHAIN CHOUDHARY v. STATE OF CHHATTISGARH

WPS/762/2025 · 2025-01-28

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:5057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 762 of 2025 1 - Chain Choudhary S/o Dr. Mukesh Choudhary Aged About 48 Years Working As Teacher (L.B.) And Posted At Swami Atmanand S.R.S. Nagri, District Dhamtari, C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur, C.G. 2 - Joint Director Education Division Raipur, Pension Bada, District Raipur, Chhattisgarh 3 - Collector Dhamtari, District Dhamtari, Chhattisgarh 4 - District Education Officer Dhamtari, District Dhamtari, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Shashi Kumar Kushwaha, Advocate For Respondents/State : Shri Khulesh Sahu, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board Digitally signed by GOPAL SINGH Date: 2025.02.11 21:12:14 +0530 2 28/01/2025 1. Learned Counsel appearing for the Petitioner submits that the order of suspension has been passed in an illegal, erroneous and arbitrary manner as nothing has been mentioned that departmental proceeding is contemplated or pending for misconduct etc. as also no criminal case is pending against the Petitioner, as such the impugned suspension order dated 10.1.2025 (Annexure P1) is liable to be quashed. 2. On the other hand, learned counsel for the State submits that though contemplation of departmental inquiry is not stated, however, from the averments of the impugned suspension order, it seems that the Petitioner is liable to be prosecuted in the departmental inquiry and as such even though there is no mention about the departmental proceedings to be contemplated it will hardly matter. 3. Considering the facts and circumstances of the case, further considering the fact that nothing has been stated about contemplation of any departmental inquiry against the petitioner, I am of the opinion that the impugned suspension order suffers with illegality and as such it is accordingly quashed. 4. The respondents are at liberty to initiate any proceeding in accordance with law. 5. Accordingly, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Gopal Singh