Mahendra Kumar Paikara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.650 of 2017 • Mahendra Kumar Paikara S/o Shri Amarlal Paikara, Aged About 32 Years Occupation Peon At Tahsil Office Arang, P.S. Arang, District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Collector Raipur, ( Displinary Officer), District Raipur, (Chhattisgarh)

2. The Department Enquiry Officer, Upper Collector ( R), Raipur, District Raipur, (Chhattisgarh) ---- Respondents For Petitioner :

Shri J. N. Nande, Advocate For Respondent/State :

Shri Manish Nigam, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/08/2017 With the consent of learned counsel for the parties, the matter is heard finally. 2.

Learned counsel for the State could not dispute the legal position adumbrated by the Supreme Court in the case of H.P. State Electricity Board Ltd. vs. Mahesh Dahiya, AIR 2016 SC 5341 and submits that the State would not press upon the impugned notice and fresh notice would be issued only in accordance with the aforestated decision of the Supreme Court. 3.

In view of submission made above, the impugned notice (Annexure P/1) is hereby set aside. Liberty is reserved to the State to proceed in accordance with law. The petition is accordingly allowed.

SD/- (Manindra Mohan Shrivastava) Judge Tumane