^ ^. !) IN THB HON'BLE HIGH COURT OF CHHATTISGARH JUDICATURE AT BILASPUR W RIT APPEAL . No. < (>°) /2010 PBTITIONBR: o..- x^^- .. ^^' Ku.Kam.la Nag D/o Shri Birbal Nag Aged about 49 years Occupation- Principal Govemment Higher SecoTy^ary School Pratappur District- Surajpur (C.G.) VBRSUS RESPONDBNTS 1. State of Chhattisgarh Through, Secretary , Department of School Education Mantralaya, D.K.S. Bhawan, RaipurfC.G.) 2. Deputy Secretary , Department of School Education Mantralaya, D.K.S. Bhawan, Raipur(C.G.) 3. District Education Officer , Surajpur , £4^ / Ll) Office of District Education Officer , Surajpur Dist - Serguja(C.G-) WRITAPPEAL UNDER SECTION 2 OF THB CEaiATTISGAKH HIGH COURT (APPEAL 70 DlVISION BENCH IACT 2006 RBAD WITH UNDER RUUE 157 AND THE HlGH COURT RULES 2007 y^-^ 8( HI6H COURT OF CHHATTIS6<4RH AT BILA^UR &IVISION BENCH: HON'BLE AAR. I.M.QUbbUSI & HON'BLE MR. PRASHANT KUMAR MISHRA. (Petitioner) RESPONDENTS '.A. N0.579/2010 Ku. Kamla Naq Vs State of C.G. & others Miss Deepaii Pandey, Advocate for the appellant. AAr. A.S, Kachhwoha, by. Advocate fienerol for the OKAL W06MENT l»h I.M. Quddusi. J: 12. l-1eord on admission. 13. This writ appeat is filed against the order dated 25.11.2010 passed by the learned Sihgie Jucfge in W.P. (S) No.6783/2010 dismissing I.A. No.l, an application for grant of interim relief, filed by the petitioner/appellant herein forstaying the effect- and operation of the order dated 1.6.2010 by which the petitioner/appellant has been placed under suspension. 14. Brief facts of the case are that the appellant, who wns Principal in the ©overnmentHigher Secondary School, Pratappur, DistricT Sargu.ja, was placed under suspension by the State 6overnment vide order dated l.6.2010 on the basis of preliminary enquiry conducted against her in which she w/as £r/wfl ;te-/e found guilty for violotion of the C.6. Civil Services Conduct Rules, 1965. The said suspension order dated 1.6.2010 -was forwarded to the Director. Directorate of Public Instructions with a note that kindly prepare the chorge sheet against the appellant within l' days and thereaft-er sent the same to the State fiovernment. 15. Learned counse for the appellant submits that after issuance of suspension order, till date no charge sheet has been issued to the appellant and in fhis situation, as per provisions ofthe C.G. Civil Services, \ % y •••^sS^' —z.- (Classification, Control and lAppeal) Rules, 1966 the suspension order stands revoked automatically. 16.0n the other hand, learned counsel for the State has supported the impugned order passed bythe learned Single Judge. 17. We have heard learned counsel for the parties and perused the records. 18. On perusal of the record, w/e feei that more than six months have expired but no charge sheet has been issued to the appellant and therefore, we dispose of this writ appeat with a direction to the respondent authorities that in case chwge sheet against the appetlant, if not already issued, is not issued within a period of six weeks from the date of receipt of certified copy of thjs order. further operation of the suspension order dated 1.6.2010 shall remain suspended and the appellant shall be reinstated in service, if already not reinstated. However, it will be open for the responcfents to place the appellant under suspension agajn at the time of issuance of charge sheet, 19. It is also oertinent to mention here that in the above situation i.e. in case of reinstatement of the appellant, it will be open for the respondent authorities to post the QppellanT anywhere and' it will not be compulsory to post the appellant as Principal, fiovernment Higher Secondary School, Pratappur, District Sarguja. ZO.Subject to above observations, the writ appeal is disposed of. No order as TO COSTS. Sdf- I.M.Quddusl judge Sd//- Prashant Kumar Mishra Judge Roshan;'