Anupama Sarawagi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4821 of 2017 • Anupama Sarawagi W/o Late Anil Sarawagi, Aged About 43 Years R/o Shop No. 49 Sector 7 Bhilai Tahsil And District Durg Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh.

2. District Panchayat Bemetara, Through Chief Executive Officer District Bemetara Chhattisgarh.

3. Chief Executive Officer, District Panchayat Durg Chhattisgarh.

4. Narayan Prasad Verma Incharge Principal, Govt. High School, Achholi, Block Berla, District Bemetara Chhattisgarh.

---- Respondents For Petitioner :

Shri Varun Sharma, Advocate For Respondent/State :

Shri S. P. Kale, Dy.AG Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/09/2017 Heard.

2.

The petitioner seeks to challenge termination order passed way back on 19-06-2014 on various grounds including the ground that order was not communicated to him.

3.

The petitioner has approached this Court after three years, hence, this Court is not inclined to invoke extra-ordinary writ jurisdiction, when the petitioner did not take recourse to appellate remedy under the provisions of CG Panchayat (Appeal & Revision) Rules, 1995 (In short "Rules of 1995"). 4.

The issue as to whether order was communicated to the petitioner, it is a disputed question of fact. Therefore, in this background, I am not inclined to invoke

extra-ordinary writ jurisdiction under Article 226 of the Constitution of India in favour of the petitioner, who was sleeping over his right for a period of three years. The petitioner has appellate remedy under the Rules of 1995 and under the aforesaid rules, there is also provision for condonation of delay in filing the appeal. 5.

In view of aforestated observation, this petition is dismissed, though with the liberty to file appeal.

SD/- (Manindra Mohan Shrivastava) Judge Tumane