Balak Ram Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1347 of 2021

1. Balak Ram Nishad S/o- Karam Sai Nishad Aged About 40 Years ExPanchayat Secretary Gram Panchayat Kurkundi, Janpad Panchayat Basna, District Mahasamund (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Social Welfare Mahanadi Bhawan Atal Nagar, New Raipur, District Raipur (Chhattisgarh)

2. Chief Executive Officer Zila Panchayat Zila Panchayat Mahasamund, District Mahasamund (Chhatisgarh)

3. Enquiry Officer / Project Officer Zila Panchayat Mahasamund, District Mahasamund (Chhattisgarh) ---- Respondents For Petitioner :

Shri F. S. Khare, Advocate.

For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 15.06.2021

1. The challenge in the present writ petition is the impugned order dated 10.09.2020 whereby the petitioner has been terminated from the post of Panchayat Secretary of Gram Panchayat Kurchundi Block Basna District Mahasamund. The present writ petition has been preferred after about five months from the date the termination order was issued.

2. At the outset, this Court is of the opinion that the writ petition would not be sustainable for the reason that there is a statutory alternative remedy available to the petitioner by preferring an appeal under Section 15 of the Panchayat Service (Discipline and Appeal) Rules, 1999.

3. In view of the aforesaid provision, reserving the right of the petitioner to avail appropriate remedy, if the rule so permits. The writ petition at this juncture stands disposed of.

Sd/- 1.

P. Sam Koshy Judge Jyotijha