Order on Board

27/01/2023

1. Limited grievance raised in writ petition is that after expiry of 90 days from the date of issuance of order of suspension, petitioner submitted representation/request letter for revocation of his suspension, but same has not been considered and decided nor any order has been passed till date.

2. Learned counsel for petitioner submits that petitioner while working on the post of Assistant Teacher (LB) at Government Primary School, Diprapara, Jarve, Block Division Kartala, District -Korba was suspended under Rule 9 of C.G. Civil Service Classification Control and Appeal Rules, 1966 on account of his involvement in criminal case. After lapse of more than 90 days and his release on bail, petitioner submitted representation on 14.02.2022 and thereafter on 12.05.2022 before respondent No.4 for joining the service and for grant of subsistence allowance but till date same has not been considered and decided. In case of Ajay Kumar Choudhary vs Union of India through its Secretary & Anr reported in (2015) 7 SCC 291, the Hon'ble Supreme Court has considered this issue and held that Government employees cannot be kept under suspension beyond 90 days without passing a