Facts
The petitioner, a Ward Boy posted at the Community Health Centre, Bilaigarh, was placed under suspension by the Chief Medical and Health Officer, Sarangarh-Bilaigarh, through an order dated 21 July 2026.
Source reference: para. 2The suspension followed allegations against him and a preliminary inquiry in which he was issued notice and his statement was recorded.
Source reference: para. 2The petitioner alleged that, despite requesting it, he was not supplied with a copy of the preliminary inquiry report.
Source reference: para. 2He challenged the suspension order and sought reinstatement, release of salary and consequential benefits, compensation, and production of the relevant records.
Source reference: para. 1During the hearing, however, the petitioner agreed to pursue the matter by submitting a comprehensive representation before the competent authority, including his grievance regarding revocation of suspension.
Source reference: para. 2The State expressed no objection and undertook that such representation would be considered in accordance with law within a time-bound period.
Source reference: para. 3Issues
Whether the petitioner should be permitted to challenge the suspension order and related grievances through a comprehensive representation before the competent authority?
Source reference: paras. 2–5Whether the competent authority should be directed to consider and decide the petitioner’s representation by a reasoned and speaking order within a specified time?
Source reference: paras. 3–5Whether the Court should adjudicate the validity of the suspension order, entitlement to salary and consequential benefits, or compensation at this stage?
Source reference: paras. 5–6Law Applied
The Court applied the procedural principle that where the petitioner agrees to pursue his grievances before the competent administrative authority, the writ petition may be disposed of with a direction to submit a comprehensive representation and requiring the authority to consider it in accordance with law by passing a reasoned and speaking order within a prescribed period.
Source reference: para. 5The Court expressly kept all questions open and declined to express any opinion on the merits of the suspension, the non-supply of the preliminary inquiry report, the salary claim, or the claim for compensation.
Source reference: para. 6No specific statutory provision or judicial precedent was cited or applied in the order.
Source reference: paras. 4–6Reasoning
The Court noted the petitioner’s grievance that the suspension followed a preliminary inquiry and that the inquiry report had not been supplied to him.
Source reference: para. 2However, since the petitioner’s counsel stated that the petitioner would be satisfied with an opportunity to submit a comprehensive representation, and the State agreed to its consideration, the Court considered it unnecessary to determine the legality of the suspension or the petitioner’s consequential claims at that stage.
Source reference: paras. 2–4To ensure an effective administrative remedy, the Court directed the petitioner to raise all available grounds before the competent authority and required that authority to pass a reasoned and speaking order within the stipulated period.
Source reference: para. 5Holding
The writ petition was disposed of without adjudication on the merits.
The petitioner was directed to submit a comprehensive representation, along with a copy of the order, within 15 days.
Source reference: para. 5Upon receipt, the competent respondent authority was directed to consider and decide the representation by a reasoned and speaking order, strictly in accordance with law, within 30 days thereafter.
Source reference: para. 5The Court clarified that it had expressed no opinion on the petitioner’s claims and that all issues remained open for consideration by the competent authority.
Source reference: para. 6Original Court PDF
MALIKRAM JAISWALvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
