High Court Of ChhattisgarhWPS/877/2021disposed off

Chief Municipal Officer Municipality v. State Of Chhattisgarh

2021-03-03Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 877 of 2021

1. Chief Municipal Officer Municipality Dantewara, District South Baster, Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department of Public Administration and Development, Capital Complex, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

2. Dharmendra Shrivastava S/o Late Shri K.L. Shrivastava Aged About 52 Years Resident of Sada Colony, Dantewara, District South Baster, Chhattisgarh.

---Respondents For Petitioner :

Shri Sudeep Johri, Advocate.

For Respondent State :

Ms. Akanksha Jain, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03.03.2021

1. The limited relief sought for by the petitioner in this petition is for an appropriate direction to the respondent No.1 to decide the Revision which the petitioner has preferred before the respondent No.1 under Sections 331 and 332 of the Chhattisgarh Municipal Corporation Act read with Rule 57 of the Rules of Chhattisgarh Municipal Corporation Employee (Appointment and Service Conditions) Rules, 1968.

2. According to the petitioner, the Revision was filed as early as on 04.09.2020 but till date the same has not been considered and decided by the authorities. On the other hand, the petitioner is facing threat of non compliance of the directions given by this court in WPS No.4623 of 2020 wherein a direction has been given to comply with the order passed by the Commissioner dated 03.07.2020.

3. Given the fact that the petitioner have availed their remedy of Revision before the Revisional Authority under the statute, the Revisional Authority

-2is bound to take appreciate decision on the Revision Petition or atleast on an interim application filed by the petitioner along with the revision petition at the earliest.

4. Given the aforesaid facts, the writ petition at this juncture stands disposed of directing the Revisional Authority to consider and decide either Revision Petition on merits or to consider the application for interim relief which the petitioner have filed at the earliest preferably within a period of 45 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder