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High Court Of ChhattisgarhWPS/191/2018dismissed

Dadu Lal Yadav v. State Of Chhattisgarh

2018-01-09Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 191 of 2018 Dadu Lal Yadav Son Of Late Shri Hira Lal Yadav, Aged About 50 Years R/o Village Jarve, Tahsil Sakti, District Janjgir- Champa, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. Chief Executive Officer, Zila Panchayat, Janjgir, District Janjgir- Champa, Chhattisgarh.

3. Rajkumari Kanwar, D/o R. L. Paikara, Aged About 31 Years R/o Village Sundrely, Post Jarve, District Janjgir- Champa, Chhattisgarh.

4. Chief Executive Officer, Zila Panchayat Sakti, District Janjgir- Champa, Chhattisgarh.

Respondents For Petitioner :

Mr. Ravindra Sharma, Advocate For State :

Mr. Manish Nigam, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09.01.2018 Heard.

1.

This petition is directed against order dated 22.12.2017. It appears that earlier respondent No.3 had filed a petition challenging transfer order. A direction was issued for consideration of representation. A limited protective order was also given. Later on, representation of respondent No.3 was rejected. The petitioner then joined at Village Jarve, Janpad Panchayat Sakti. Now again Zila Panchayat has passed an order on 22.12.2017 keeping in abeyance, transfer order dated 29.04.2017 of respondent No.3. According to the petitioner, he has not joined at Jarve. 2.

At this stage, I am not inclined to examine the merits of the case firstly because of the reason that the order is appealable one and the petitioner could file an appeal

before the Appellate Authority under the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995. Secondly, it is only an order of stay and no final decision has been taken. Let Zila Panchayat decide the matter finally within a period of 30 days from the date of receipt of copy of this order. If the matter is not decided within 30 days, the petitioner may prefer statutory appeal against order dated 22.12.2017 before the Appellate Authority as provided under the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995.

3.

With the aforesaid liberty, the petition is dismissed. Sd/- (Manindra Mohan Shrivastava) Judge Rekha