Laxmi Prasad Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 201 of 2019 Laxmi Prasad Patel S/o Ishwar Prasad Patel Aged About 53 Years Principal, Government Multipurpose Higher Secondary School, Sarangarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Atal Nagar, Post Office And Police Station Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Post Office And Police Station Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Collector Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

4. District Education Officer Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

5. S.N., Bhagat Block Education Officer, Sarangarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondents For petitioner :

Shri Dhani Ram Patel, Advocate.

For State :

Shri Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 14/01/2019 1.

The challenge in the present writ petition is to the order dated 02/01/2019. Vide impugned order the respondents have attached the services of the petitioner from Government Multipurpose Higher Secondary School, Sarangarh to Higher Scondary School, salheona, Block Baramkela, District Raigarh. 2.

The contention of the petitioner is that the impugned order is perse bad for the reason that the respondent has completed the attachment of the government servant from one place to another. It is further contended that the petitioner has been victimized on account of certain frivolous complaints which has been made against the petitioner by some persons and the petitioner has been attached to a different place without giving an opportunity of hearing to the petitioner.

3.

Taking into consideration the submissions made by the counsel for the parties, this Court is of the opinion that let petitioner file a detailed representation to the respondent No. 2 to within a period of 10 days from today and on such representation being made, the concerned authority should scrutinize the same and take an appropriate decision at the earliest preferably on the representation of the petitioner.

4.

Meanwhile purely as a interim measure, till the representation is decided the effect and operation of the impugned order shall remain stayed. 5.

Needless to mention as a consequence of staying of the impugned order of attachment the subsequent order dated 02/01/2018 granting charge to the Block Education Officer shall also remain stayed.

Sd/- (P. Sam Koshy) Rohit JUDGE