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2026 DAILYLAW 22728 (CHH)

SURYAKANT MISHRA v. STATE OF CHHATTISGARH

WPS/4610/2026 · 2026-06-21

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:25298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4610 of 2026 Suryakant Mishra S/o Late Shri P. K. Mishra, Aged About 40 Years Occupation - Service (Suspended) Assistant Grade - Ii, Accountant At The Office Of Block Education Officer Basna, R/o. Village - Khursipahad, Thana And Tahsil - Pithoura Distt. - Mahasamund (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya Mahanadi Bhawan, Capital Complex Atal Nagar, New Raipur, District - Raipur (C.G.) 2. Divisional Joint Director, Educatuion Division Raipur, Ekikrit Shiksha Parishar, First Floor, Pension Bada Raipur, Distt. - Raipur (C.G.) 3. Collector Mahasamund, Distt. - Mahasamund (C.G.) 4. District Education Officer, Mahasamund, Distt. - Mahasamund (C.G.) 5. Block Education Officer, Basan, Distt. - Mahasamund (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Sunil Sahu, Advocate For Respondents/ State : Ms. Akanksha Verma, P.L. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 22/06/2026 1. The present writ petition has been filed for following reliefs:- 10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondent No. 2 to pass appropriate order for revoking JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.06.22 17:42:47 +0530 2 the suspension order dated 21.05.2025 (Annexure P-1). 10.2 That, this Hon'ble Court may kindly pleased to direct the respondents to decide the petitioner representations in light of the Circulars as well as decision of Hon'ble apex court. 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 the petitioner has been placed under suspension vide order dated 21.05.2025 and, despite lapse of more than one year, neither any reasoned order extending the suspension has been passed nor has the departmental enquiry been concluded. He further submits that though the charge-sheet was issued on 03.06.2025, the respondents have kept the petitioner under suspension for an indefinite period by paying only subsistence allowance and have also not decided the petitioner’s representation for revocation of suspension. He, therefore, prays for a direction to the concerned authority to consider and decide the said representation (Annexure P-4) within a stipulated period. 3. Learned State counsel submits that if the representation submitted by the petitioner is pending consideration, the same shall be examined and decided by the competent authority in accordance with law, keeping in view the applicable circulars/instructions of the State Government as well as the law laid down by the Hon'ble Supreme Court, within a reasonable period. 4. Heard learned counsel for the parties and perused the material available on record. 3 5. Considering the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, this petition is disposed of with a direction to respondent No. 2 to consider and decide the petitioner's representation (Annexure P-4) in accordance with law, on its own merits, expeditiously, preferably within a period of 30 days from the date of receipt of a certified copy of this order. 6. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and the competent authority shall take an independent decision strictly in accordance with law. 7. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti