01Facts
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.
¶ 2The suspension followed allegations against him and a preliminary inquiry in which he was issued notice and his statement was recorded.
¶ 2The petitioner alleged that, despite requesting it, he was not supplied with a copy of the preliminary inquiry report.
¶ 2He challenged the suspension order and sought reinstatement, release of salary and consequential benefits, compensation, and production of the relevant records.
¶ 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.
¶ 2The State expressed no objection and undertook that such representation would be considered in accordance with law within a time-bound period.
¶ 302Issues
i.Whether the petitioner should be permitted to challenge the suspension order and related grievances through a comprehensive representation before the competent authority?
¶ 2–5ii.Whether the competent authority should be directed to consider and decide the petitioner’s representation by a reasoned and speaking order within a specified time?
¶ 3–5iii.Whether the Court should adjudicate the validity of the suspension order, entitlement to salary and consequential benefits, or compensation at this stage?
¶ 5–603Law 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.
¶ 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.
¶ 6No specific statutory provision or judicial precedent was cited or applied in the order.
¶ 4–604Reasoning
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.
¶ 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.
¶ 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.
¶ 505Holding
The writ petition was disposed of without adjudication on the merits.
¶ 5The petitioner was directed to submit a comprehensive representation, along with a copy of the order, within 15 days.
¶ 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.
¶ 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.
¶ 6Original Court PDF
MALIKRAM JAISWALvsSTATE OF CHHATTISGARH
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