01Facts
The petitioner, a Teacher (L.B.) posted at Government Upper Primary School, Chichadi, was suspended by the Joint Director of Education on 23 December 2025 for allegedly failing to join at his newly assigned posting.
¶ 1A charge-sheet followed on 3 February 2026, to which the petitioner submitted a reply. He contended that no departmental enquiry had since been initiated and that his suspension remained in force.
¶ 1He sought, among other reliefs, a direction to decide his representation dated 13 October 2026 seeking revocation of the suspension.
¶ 2The State submitted that the pending representation would be considered in accordance with law.
¶ 302Issues
i.Whether the Court should direct the competent authority to consider and decide the petitioner’s pending representation for revocation of suspension
¶ 2–5ii.Whether the Court should express any view on the merits of the petitioner’s challenge to the suspension at this stage
¶ 5–603Law Applied
The suspension order was stated to have been made under Rule 9 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966, read with Rule 3 of the Chhattisgarh Civil Services (Conduct) Rules, 1965.
¶ 2The Court directed the competent authority to decide the representation in accordance with law, independently and on its merits; no particular precedent or additional legal test was identified or applied by the Court.
¶ 5–604Reasoning
The Court confined its consideration to the petitioner’s request for a decision on his pending representation.
¶ 3–6In light of the State’s submission that the representation would be examined under the applicable law, the Court directed respondent No. 2 to decide it expeditiously, preferably within 30 days after receiving a copy of the order.
¶ 3–6The Court expressly refrained from assessing the legality of the suspension or the merits of the petitioner’s claim, leaving those matters for the competent authority’s independent decision.
¶ 3–605Holding
The Court disposed of the writ petition by directing respondent No. 2 to consider and decide the petitioner’s representation on its own merits, in accordance with law, preferably within 30 days from receipt of the order.
¶ 5It made no determination on the merits of the suspension challenge and granted no order of reinstatement or other substantive relief.
¶ 6–7Original Court PDF
ROSHAN KUMAR GWALvsSTATE OF CHHATTISGARH
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