1. Heard.

Despite repeated judicial pronouncements of the Apex Court and this Court in number of cases, it is found that the authorities have been using the power of suspension as a device of penalty without even caring to issue charge - sheet within reasonable period.

2. Present case is a classic example of this unbridled and arbitrary exercise of power of suspension. On certain allegation of commission of misconduct that the petitioner misappropriated certain funds, he was placed under suspension vide order dated 4.5.2016 while he was working as Panchayat Secretary. After placing the petitioner under suspension, as has been stated in the petition and not rebutted by filing any reply by respondent No.3, no development has taken place in the departmental enquiry against the petitioner, in contemplation of which he was placed under suspension. Not even charge - sheet has been issued despite lapse of more than 1 and ½ years since the date, suspension order was passed.

3. A perusal of the impugned order shows that the Chief Executive Officer of Janpad Panchayat invoked its power under R.4(1) of the Chhattisgarh Panchayat Services (Discipline and Appeal) Rules, 1999 (in short "the Rules o