Kishore Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.580 OF 2019

1. Kishore Kumar Patel S/o Shri Madhusudan Patel Aged About 31 Years Occupation - Service, Posted As Secretary Of Gram Panchayat Marodarha, Block Baramkela P.S. - Baramkela, Civil And Revenue District Raigarh Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Capital Complex New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Executive Officer District Panchayat Raigarh, District Raigarh Chhattisgarh.

3. Chief Executive Officer Janpad Panchayat Baramkela, District Raigarh Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Sunil Sahu, Advocate.

For Respondent-State :

Shri Rahul K. Mishra, Dy.Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 29.01.2019 1.

The challenge in this petition is to the order dated 07.01.2019 (Annexure P/1) whereby the petitioner has been inflicted with punishment of stoppage of two annual increments with cumulative effect. At the same time the petitioner also has been transferred from Gram Panchayat Marodarha, Janpad Panchayat Baramkela to Gram Panchayat Khamharpali, Janpad Panchayat Sarangarh.

2.

The counsel for the respondents submits that the said order is an appealable order and appeal against the said order would lie to the Divisional Commissioner under Rule 15 of the Chhattisgarh Panchayat Services (Discipline and Appeal) Rules, 1999. 3.

Given the facts that there is a statutory alternative remedy of appeal available to the petitioner, this court is not inclined to entertain this writ petition at this juncture. Reserving the right of the petitioner to assail the

order by way of an appeal to the appellate authority, the present writ petition stands disposed of.

4.

Needless to mention that subject to petitioner's filing an appeal within a period of two weeks from the date of receipt of certified copy of this order, the appellate authority is directed to ensure that the appeal is decided within a period of 90 days from the date of receipt of appeal. 5.

Accordingly the petition stands disposed of.

Sd/- (P. Sam Koshy) Judge inder/Arvind