Jagnarayan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2617 of 2017 Jagnarayan Yadav S/o Shri Shivmurat Yadav, Aged About 47 Years Presently Working On The Post Of Panchayat Secretary Bhadiya Janpad Panchayat Bagicha Tahsil Bagicha District Jashpur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat & Rural Development Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh).

2. The Chief Executive Officer, Zila Panchayat Jashpur, District Jashpur (Chhattisgarh).

3. The Chief Executive Officer, Janpad Panchayat Bagicha District Jashpur (Chhattisgarh).

4. Kamal Narayan Yadav, Panchayat Secretary Village Panchayat Bhadiya Janpad Panchayat Bagicha District Jashpur (Chhattisgarh). ---- Respondents For Petitioner :

Mr. A.N. Pandey, Advocate For State :

Mr. Satish Gupta, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/06/2017 Heard on admission.

1. The petitioner has assailed correctness and validity of order dated 18.05.2017 by which the charge of the office of Sarpanch has been given to another employee of Panchayat on the allegation that the petitioner has continuously remained absent from duty from one month.

2. Though number of grounds have been urged in this petition, none of the grounds are of such a nature which require indulgence of this Court when the petitioner has an efficacious and alternative remedy of statutory appeal under the provision of the Chhattisgarh Panchayat (Appeal & Revision) Rules, 1995 (for short 'the Rules of 1995') as in

the present case, the impugned order has been passed by the Chief Executive Officer, Janpad Panchayat, Bagicha. In these circumstances, the petition is dismissed with liberty to challenge the impugned order by way of statutory appeal available under the Rules of 1995.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha