Janmjay Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 199 of 2018 Janmjay Singh S/o Late Shri Uma Charan Singh, aged about 50 years, R/o Village Kusmi, Tahsil and P.S. Kusmi, District Balrampur, Ramanujganj (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through Secretary, Panchayat and Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur (C.G.)

2. Collector, Balrampur Ramanujganj, District - Balrampur Ramanujganj (C.G.)

3. Sub-Divisional Officer (R) Kusmi, District - Balrampur Ramanujganj (C.G.)

4. Chief Executive Officer, Janpad Panchayat, Kusmi, District - Balrampur Ramanujganj (C.G.)

5. Block Education Officer, Kusmi, District - Balrampur Ramanujganj, (C.G.)

6. Somnath Bhagat S/o Late Mahali Bhagat, aged about 62 years, Village Kusmi Tahsil and P.S. Kusmi, District - Balrampur Ramanujganj (C.G.) ---- Respondents For Petitioner :

Mr. Akath Kumar Yadav, Advocate.

For Respondents :

Mr. Shashank Thakur, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/01/2018 1.

Learned counsel appearing for the petitioner would submit that petitioner has preferred this writ petition against the inquiry report dated 02.08.2017 (Annexure - P/1) issued by respondent No. 3 - Sub-Divisional Officer (R) Kusmi, District - Balrampur, Ramanujganj whereby, the respondent No. 3 has made recommendation to the Collector, Balrampur for logging criminal case against the petitioner as well as removal of petitioner

from the post of Vice President of Janpad Panchayat, Kusmi. 2.

Learned counsel for the petitioner would further submit that petitioner has not committed any such offence and he is not liable for the said act and the impugned inquiry report has been issued without affording any reasonable opportunity of hearing to the petitioner which is unsustainable and bad in law.

3.

I have heard learned counsel for the petitioner. 4.

Be that as it may, the petitioner is at liberty to make representation before the Collector, Balrampur against the recommendation of the SubDivisional Officer (R), Balrampur expeditiously and on such representation being made by the petitioner, the Collector shall consider and decide the same after hearing the petitioner expeditiously preferably within a period of 15 days from the date of receipt of copy of representation. 5.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka