WQLE ggixgw‘c@ IN THE 'HIGH COURT OF CHHATTISGARH AT BILASPUR (Cg) &RIT PETITION NO. S68 L/QOOS PETITIONER Dr. Rajendra Prasad Shukla, aged about 4O years, son of wm‘ya l Qg«h A~ Late Shn . Rampau - Shukla, v Sim Chief Executive Officer, \ Ia—npad PanChyat {3w Trawwww. (C.G.) resident of village ‘$$w kGj’x Dhakhara, Post — Deogaon, Presenwul\ A“ . \<v )0 5’ w /GO ‘59 Patthalgaon, Distt. Jashpur RESPONDENTS The State of Chhattisgarh, through : Its Secretary, Department of Tribal Welfare, Dau Kalyan Singh Bhawan, Raipur (C.G.) ,2. Commissioner, Tribal Welfare, Raipur (C.G.) 3. Collector, Jashpur (c.G.) WRIT PETITION UNDER ARTICLE éQ6/227 OF THE CONSTITUTION OF INDIA, $ w District Reewa (Madhya Xl-HC-78 .PMSC‘g../Ogf $200 mam (gafgaa) anéamirW warésmm f, WWW'#%@W aiWama mm «(23 311w 21n10n2005 Shri AN. Bhakta, counscl for $6 petitioner. Shri Pankaj Shxivastav a, Panal Lawym‘ for thé‘. Siam on advance copy. Heard. Th6 facts of the ca3€ are that the patitionex was put undm‘ susp€nsion 011 23.4.2001. After his suspgnsion, Since'no action has hem]. taken by ths conc 6d authority, the pétitianar fllsd a writ petition bean'hg N0. 1333 of 2002. This Writ petition came up I foi" hearing before. the Divisi Bench of this Couxt 011 27.4.2004 and the Division Bench. passe following orders: “Shit AN. B zakta, counSelfor the iaetiiioner. Sim' VVS. ur‘ihy. Deputy Advocate Genera? for the Siam/res ancients No, I, 2 an& 6. Heard both he counsei. h Even after e' writ petition is filed no enquky QWwr has b en appointed. We are also informed even the pr enting oj§$cer has also not been 'nominaied. In act, the writ petitioner submitted his explanation. a out three years back. According the circuiar dated 2212381990 issued by the rsiwhiie State ofMadhya Pradesh. if ihe enquiiy is noi completed wiihin a peiiod of one ‘ yew; then th concerned Department is required to conduct revie J after every six months. We are informed that in this case, the petitioner is under suspension s nee iast more than three years, and, nothing has b en produced on record which shows that any r view has been conducted and e 1 m e XI-HC-78 snésrm (gig-am) anéamiéwim aansnéatm . mm'liwm w 2 $W mar mmm anew \ cantirmation ofsuspensian of §he petitioner is in me pubfic interest. Therefore; u e direct the respondents to reinstate the petitibner with immediate ejfect, r With this dzrectian, the petition stands disposed 0i ,; As all eikct of the afomsaici order passedby 1116 Divisiom Bench on 27.7.2004, the petitoner was reinstated Vide order dated. 26.8.2004 (Annexure—P/ 3). In para-2 of the aforesaid order, it'has b€en mantioned “that the d spute pslfaining to the period ef' suspension Shall be. decided separately. Learned counsel for the petitioner submits that though the order was passed on 26.8.2CO4, the respondent has not decided the case of the petitioner pertaining to the aforesaid order as m€ntioned in para—2 of the submits that ih€ pii‘titioner he regard. He refers to last representation dated 31.8.2004. HOWEVEI; XEm‘xmd coun: th€ prSsent, this petition 111a: petitioner to fllf: a detailed re: concammd authority and The to di3pOse of his represen granted by this Court. This limited prayer pai’i’fiona‘ is not oppossd by 1i ortier dated 26.8.2004. He.” furthei‘ Ls made many representations in this ;e1 for the petitioner submits that for i be disoosed of with a Ebeiiy to the Dresenfetioii in this regard before the concerned authon'ty may be directed tation Wlihm the stipulated gpeiiod nade by learned eouxisel for the ’anied State Counsel. XI-HC—78 hmob’ow/Wggim 311WW (WW) Wmmmw ‘mwmwnwafh’fmm .v 3 — ‘ $arf$wmet If so advisad, the patitiuner may file afnesh 1‘sprgSa11tatjon along with CErtifmd copy of this, order and copy of this writ petition befom ilm concerned authcrity Within a igen'Od of 4 weeks from, today arid if such a representarion is filed, fhe concerned authority shall dispose of the smile as early as pOSSihle preferably Within a period of 8 weeks from the date of mi'ng/Ieceipt of ihe said yepresentation, The point of decieion would be about entitlement of the service benefit of the peiitioner pextaining to the period of suspension as is referred in Fara—2 of the order dated 26.8.2004 (Annexure—P/ 3). Widl the aforesaid obse Nations and direction, this petition v stands finally disposed of; Sd/- Sunil Kumar Sinha Judge Certifled copy as per rules. ,