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High Court Of ChhattisgarhWPS/542/2016disposed off

Murlidhar Pandey v. State Of Chhattisgarh

2016-02-22Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.542 of 2016 Murlidhar Pandey, S/o Shri Ramcharitra Pandey, aged about 51 years, R/o Ward No.6, Ramanujganj, Police Station and Post Ramanujganj, Civil District Surguja and Revenue District Balrampur-Ramanujganj.

---- Petitioner

Versus

1.

State of Chhattisgarh, through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur.

2.

Commissioner, Tribal Welfare Department, Indravati Bhawan, Ground Floor, Naya Raipur, District Raipur. 3.

District Education Officer, Ramanujganj, District Balrampur-Ramanujganj.

4.

Collector, Balrampur, District Balrampur-Ramanujganj. ---- Respondents For Petitioner : Shri Manoj Paranjpe, Advocate.

For Respondent : Shri S.P. Kale, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22/02/2016 (1) Heard.

(2) After arguing for a fairly long time, learned counsel appearing for the petitioner submits that the impugned order dated 05.12.2015 (Annexure P/1) passed by Collector, Balrampur-Ramanujganj is appealable before the appellate authority under Rule 23 of the Chhattisgarh Civil Services

(Classification, Control & Appeal) Rules, 1966 (in short "the Rules, 1966") and, therefore, he may be permitted to withdraw the instant writ petition with liberty to prefer an appeal before the appellate authority within a period of 15 days from today. (3) Prayer appears to be fair and reasonable.

(4) The petitioner is permitted to prefer an appeal before the appellate authority. If such appeal is filed by the petitioner within a period of 15 days from today and, in turn, the appellate authority shall consider and decide the same in accordance with law and on its own merit preferably within a period of 45 days from the date of receipt of appeal of the petitioner along with copy of this order.

(5) With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-