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2026 DAILYLAW 25801 (CHH)

ANITA PATEL v. STATE OF CHHATTISGARH

WPS/5204/2026 · 2026-07-08

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010253292026 2026:CGHC:28404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5204 of 2026 Anita Patel W/o Vijay Kumar Patel Aged About 40 Years R/o Sarna, Raghunathnagar, Balrampur, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, School Education Department Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur, Chhattisgarh. 2. The Director Public Instructions Department, Directorate, Indravati Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 3. Collector District Balrampur Ramanujganj, Chhattisgarh. 4. The Joint Director Education Division, Raipur, Distt. Raipur, Chhattisgarh. 5. District Education Officer Ramanujganj, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Respondent(s) For Petitioner : Ms. Hamida Siddiqui, Senior Advocate along with Ms. Astha Patel, Advocate For Respondent/ State : Ms. Anuja Sharma, Dy. G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.10 12:33:53 +0530 2 09/07/2026 1. The present writ petition has been filed by the petitioner seeking following reliefs :- “10.1 That, the Hon'ble court may kindly be pleased to revoke the suspension order dated 16-03-2026 passed by respondent no. 5, in the interest of justice. (Annexure P-1). 10.2 That, this hon'ble court kindly provide the amount of salary withheld by the respondents on account of suspension be released in favour of petitioner. 10.3 That, this hon'ble court kindly be quashed the departmental enquiry initiated by the department. 10.4 That, this Hon'ble Court further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice and fair play.” 2. Learned counsel for the petitioner submits that the petitioner, while serving as Pradhan Pathak (Head Master), was placed under suspension vide order dated 16.03.2026. Thereafter, respondent No.5 issued a show cause notice dated 27.02.2026 alleging certain irregularities and called upon the petitioner to submit his reply. Learned counsel submits that the petitioner submitted a detailed reply to the show cause notice; however, despite lapse of considerable time, neither has any departmental 3 enquiry been initiated nor has the suspension order been revoked. He further submits that the petitioner has already submitted a representation (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 competent authority/ respondents 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. 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 4 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