Vijay Kumar Lakda And ANR. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5886 of 2011

1. Vijay Kumar Lakda, S/o Shri Rubel Lakda, aged about 31 yers, R/o Vishrampur, Departmental Colony, Qtr. No. 455, District Surguja (C.G.).

2. Gyan Prakash Bek S/o Joshaf Bek, aged about 29 yers, R/o Village Anirma (Shantinagar) District Surguja, (C.G.). ---- Petitioners

Versus

1. State Of Chhattisgarh, through the Secretary, Panchayat & Rural Development Department, DKS Bhawan, Mantralaya, Raipur (C.G.).

2. The Collector, District Surguja, (C.G.)

3. District Panchayat Through the Chief Executive Officer, District Panchayat, Ambikapur, District Surguja, (C.G.)

4. The Sub Divisional Officer (Enquiry Officer) Ambikapur, District Surguja (C.G.)

5. The Chief Executive Officer Janpad Panchayat, Surajpur, District Surguja, (C.G.)

6. Shiksha Karmi Selection Committee Janpad Panchayat, Surajpur, (Shiksha Karmi Bharti Grade III, 2007) Through The Chairman, District Surguja, (C.G.)

7. Station House Officer of Police Station Surajpur Police District Surajpur, District Surguja (C.G.) ---- Respondents And WPS No. 6701 Of 2011

1. Smt. Asha, W/o Shri Durga Prasad, D/o. Shri Balram, Aged about 28 years, Occuption Shiksha Karmi Grade-III, R/o Devgarh, Tahsil Surajpur, District Surguja (C.G.).

2. Mohar Lal, S/o Shri Amar Sai, Aged about 26 years Occupation Shiksha Karmi Grade-III, R/o Village Bhagwanpur (Ajirma), Post Raghavpuri, Ambikapur, Distt. Surguja (C.G.). ---- Petitioners Vs

1. State Of Chhattisgarh, Through the Secretary, Panchayat & Rural Development Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G.).

2. The Collector, Distt.- Surguja (C.G.).

3. District Panchayat Through The Chief Executive Officer, District Panchayat Ambikapur, District - Surguja (C.G.)

4. The Sub Divisional Officer (Enquiry Officer) Ambikapur, District Surguja (C.G.)

5. The Chief Executive Officer Janpad Panchayat Surajpur, District Surguja (C.G.)

6. Station House Officer of Police Station Surajpur Police District Surajpur, District Surguja (C.G.)

7. Block Education Officer Surajpur , District Surguja (C.G.) ---- Respondents For Petitioners : Shri A.K. Shukla, Adv.

For Respondent/State : Shri Sangharsh Pandey, Dy. G.A.

For Respondents : Shri B.P. Banjare, Advocate appearing on behalf of Smt. Hameeda Siddiqui, counsel for respondent No.4 .Shri Akhilesh Kumar, counsel for respondent No. 5 & 6.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 1 4 /07/2015 1.

Petitioners have assailed the legality and validity of the order of suspension Annexure P/5, P/4 respectively and the order passed by the Collector, Surguja on 30/08/2011 directing the CEO of the concerned Janpad Panchayat to lodge FIR; terminate the services of the petitioners and suspend them.

2.

It is informed that the challenge to the order of suspension has been rendered infructuous as the petitioners have already been reinstated, however, a departmental inquiry has been initiated against the petitioners.

3.

A similar order like the order dated 30/08/2011 was passed by the same Collector on 05/02/2011. Writ petitions arising out of order dated 05/02/2011 has been disposed of in the matter of Saroj

Kushwaha & others Vs. State of Chhattisgarh & others, W.P.(S) No. 934/2010 and Ku. Nilam Minz and Others Vs. State of Chhattisgarh and Others, W.P.(S) 1185/2010 and other connected matters decided on 25/10/2013.

4.

In view of the above, the present writ petitions in so far as it pertains to the challenge order of the Collector dated 30/08/2011, are disposed of in terms of order passed in the matter of Saroj Kushwaha (supra) and Nilam Minz (supra). A copy of the same be kept in the record of present writ petitions.

Sd/- JUDGE (Prashant Kumar Mishra) Kamde