Brajesh Kumar Singh v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 3084 OF 2010

1. Brajesh Kumar Singh S/o Amarnath Singh, aged about 58 years, R/o Kedarpur, Joda Peepal Singh Colony, Ambikapur, Distt. Surguja (CG).

...Petitioner(s)

Versus

1. State Of Chhattisgarh through Secretary, Tribal Department, DKS Bhawan, Raipur (CG).

2. Collector (Tribal Welfare) Ambikapur, Distt. Surguja (CG

3. Assistant Commissioner Tribal Welfare Ambikapur, Distt. Surguja (CG).

4. Commissioner, Surguja Division, Ambikapur, Distt. Surguja (CG

5. Block Education Officer, Lundra, Ambikapur, Distt. Surguja (CG).

6. Commissioner, Tribal Welfare Raipur, Distt. Raipur (CG) ... Respondent(s) For Petitioner :

Shri Anshul Tiwari on behalf of Shri Manoj Paranjpe, Advocate.

For Respondent-State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.08.2018

1. The challenge in this petition is to the order of minor punishment imposed on 29.11.2008 which was of stoppage of two annual increments with non-cumulative effect.

2. The said order was subjected to challenge in an appeal which too stood rejected vide order dated 25.05.2010.

3. A perusal of records would show that the appellate authority has taken in to consideration all the grounds raised by the petitioner and found no merit in the case and have rejected the appeal.

4. The scope of interference by the High Court under Article 226 of the Constitution of India in the order of punishment particularly when the

order of punishment is a minor punishment is bare minimal. Moreover, this court finds that pending the writ petition the petitioner himself has superannuated way back in the year 2012 itself and as such the effect of minor punishment order by efflux of time has lost its efficacy.

5. In view of the same, nothing further remains to be adjudicated in the present petition and the same accordingly stands disposed of. Sd/- (P. Sam Koshy Judge inder