Tripurari Singh Died Through Legal Heirs Smt. Nirja Singh v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4882 of 2005 Smt. Nirja Singh, aged about 47 years, R/o VSSN School Janakpur, Distt. Korea (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, through Secretary, School Education, D.K. Bhawan, Raipur

2. Collector, District Koriya

3. Assistant Commissioner, Tribal Development Department, District Koriya ---- Respondents For Petitioner :

Mr.N.K.Vyas, Advocate For Respondents :

Mr.Avinash Singh, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 1/2/2018

1. Learned counsel for the petitioner would submit that against the order inflicting penalty of stoppage of two annual increments with cumulative effect, the original petitioner preferred a representation before the Collector, which has been rejected by the Collector by the impugned order by non-speaking and unreasoned order.

2. On the other hand, learned Panel Lawyer for the respondents/State, would oppose the writ petition.

3. I have heard learned counsel for the parties and perused the impugned order.

4. The petitioner's representation/application for revision has been dismissed by the Collector by unreasoned and non-speaking order, which is impermissible in law. It ought to have decided by by the Collector by reasoned and speaking order, which has not been done in this case.

5. Accordingly, the writ petition is allowed and the impugned order is

set aside. The matter is remitted to the Collector, Baikunthpur, who shall consider and take a fresh decision on the petitioner's representation within three months from the date of receipt/production of a copy of this order. The petitioner is at liberty to file additional representation, if any. No cost(s). Sd/- (Sanjay K. Agrawal) Judge B/-