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CGHC010332282026
2026:CGHC:38706
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6414 of 2026 Abhijeet Singh Chouhan S/o Shri Devi Prakash Singh Chouhan Aged About 38 Years R/o Kailash Nagar, Purana Hospital Colony, Dantewada, P.S. Tehsil Dantewada, District - South Bastar Dantewada (C.G.)
... Petitioner versus 1 – State of Chhattisgarh Through The Secretary, Department of Health and Family Welfare, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.). 2 - The Director Directorate of Health Services, Chhattisgarh, Swasthya Bhawan, North Block, Sector-19, Atal Nagar, Nava Raipur, District Raipur (C.G.). 3 - The Joint Director Health Services, Bastar Division, Jagdalpur, District - Bastar (C.G.) 4 - The Chief Medical And Health Officer District South Bastar Dantewada (C.G.) 5 - The Civil Surgeon-Cum-Chief Hospital Superintendent District Hospital Dantewada, District South Bastar Dantewada (C.G.)
... Respondents For Petitioner : Mr. A.K. Yadav, Advocate For State/Respondents : Mr. Shahil Singh, PL (Hon’ble Shri Justice Bibhu Datta Guru)
Order on Board 01/09/2026 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.09.02 17:43:19 +0530
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1. The present writ petition has been filed by the petitioner seeking the following reliefs:-
“10.1 The Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to reinstate the petitioner to his post at District Hospital, Dantewada, and to give consequential benefits from the date of suspension till date. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to decide the representation of the petitioner dated 01.12.2025 and 06.08.2026 and further be pleased to direct the respondent authority to revoke the suspension order dated 11.11.2024 within prescribed period. 10.4 The Hon'ble Court may kindly be pleased to quash the continuance of the suspension order dated 11.11.2024 (Annexure P-1) issued by the respondent authority. 10.5 Any other relief, which this Hon'ble Court may deem fit and proper, may also be awarded to the petitioner, including the cost of the petition.”
2.
Learned counsel for the petitioner submits that the petitioner has remained under suspension for about one year and nine months and that the continued suspension, without conclusion of the departmental enquiry and without any decision upon his representations, is causing serious prejudice to him. He further submits that the case of the petitioner is also required to be considered in the light of the circular dated 02.07.2012 issued by the General Administration Department, Government of Chhattisgarh, as well as the law laid down by the
3 / 4 Hon'ble Supreme Court in Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291. He further submits that the petitioner has already submitted a representation dated 1.12.2025 and 6.8.2026 (Annexure P-2) 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 representations submitted by the petitioner are pending consideration, the same shall be examined and decided by the competent authority in accordance with law, on its own merits, 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 the competent respondent authority to consider and decide the petitioner's representations dated 01.12.2025 and 06.08.2026, seeking revocation of suspension and reinstatement, in accordance with law, on their own merits, keeping in view the applicable rules, circulars/instructions of the State Government and the law laid down by the Hon'ble Supreme Court, expeditiously, preferably within a period of 30 days from the date of receipt of a copy of this order. While taking the decision, the competent authority shall also take into consideration the fact that the petitioner was placed under
4 / 4 suspension on 11.11.2024, that the charge-sheet was issued on 20.12.2024, and that the Enquiry Officer and Presenting Officer were appointed on 22.05.2025 with a direction to conclude the enquiry within one month, as well as the subsequent status of the departmental enquiry. It is further directed that the competent authority shall pass a reasoned and speaking order upon the aforesaid representations and communicate the decision to the petitioner forthwith.
6. With the aforesaid observation and direction, the writ petition stands
disposed of.
7. 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. SD/- SD/- (Bibhu Datta Guru)
JUDGE ashu