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2026 DAILYLAW 23298 (CHH)

TIKARAM NIRALA v. STATE OF CHHATTISGARH

WPS/4731/2026 · 2026-06-24

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:26020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4731 of 2026 Tikaram Nirala S/o Late Mohandas Nirala Aged About 39 Years R/o Village Rampur Tehsil Palari District Balodabazar Bhatapra C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary Department Of Panchayat Mahanadi Bhawan Nava Raipur Atal Nagar District Raipur C.G. 2 - Chief Excutive Officer, Zila Panchayat Baloda Bazar Bhatapara District Balodabazar Bhatapara C.G. ... Respondent(s) For Petitioner : Mr. Satish Gupta, Advocate For Respondent/ State : Ms. Poorva Tiwari, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 25/06/2026 1. The present writ petition has been filed by the petitioner seeking following reliefs :- SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.06.27 12:22:13 +0530 2 “10.1. That, this Hon'ble Court may kindly be pleased to call for the records of the proceedings etc. culminating in the passing of impugned order. 10.2 That, this Hon'ble Court may kindly be pleased to quash and set aside the impugned order of suspension dated 14/07/2025 [Annexure P/1] issued by the Respondent no.2. 10.3 That, this Hon'ble court may kindly be please to issued direction to the respondent no.2 to take decision upon the representation of the petitioner. 10.4 That, this Hon'ble court may also issued direction to the respondent authority to revoked the order of suspension and hold the department enquiry and conclude the same as per instruction of State Government within year. 10.5 Any other relief(s), including the cost of this petition etc, as deemed fit and proper by the Hon'ble Court, in the circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner, while serving as Secretary of Gram Panchayat Latuva, was placed under suspension vide order dated 14.07.2025. Thereafter, respondent No.2 issued a charge sheet dated 25.08.2025 alleging certain irregularities and called upon the petitioner to submit his reply. Learned counsel submits that the petitioner submitted a 3 detailed reply to the charge sheet; however, despite lapse of considerable time, neither has any departmental enquiry been initiated nor has the suspension order been revoked. He further submits that the petitioner has already submitted a representation dated 21.05.2026 (Annexure P-5) seeking revocation of the suspension order, but the same is still pending consideration before the competent authority. He, therefore, prays that a direction be issued to the concerned authority to consider and decide the said representation 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. 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-5) in accordance with law, on its own merits, expeditiously, preferably within a period of 30 days from the date of receipt of a copy of this order. 4 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 $. Bhilwar