High Court Of ChhattisgarhWPS/1384/2021disposed off

Mahendra Howlader, v. State Of Chhattisgarh

2021-03-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1384 of 2021 Mahendra Howlader, S/o Shri Manindra Howlader Aged About 52 Years Occupation - Panchayat Secretary (Suspended) Janpad Panchayat Koiylibeda, R/o Village Pakhanjur, Anjali Nagar, Ward No. 07, Police Station Pakhanjur, Tahsil Pakhanjur District - Uttar Bastar Kanker Chhattisgarh. (Surname Wrongly Mention In Documents), District : Kanker, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Panchayat And Rural Development Department, Mahanadi Bhawan Mantralaya, Nawa Raipur District - Raipur Chhattisgarh

2. The Commissioner Panchayat And Rural Development Department, Indrawati Bhawan Mantralaya, Nawa Raipur, District Raipur Chhattisgarh

3. The Collector District - Uttar Bastar Kanker Chhattisgarh

4. The Chief Executive Officer, Zila Panchayat Uttar Bastar Kanker, District - Uttar Bastar Kanker Chhattisgarh

5. The Chief Executive Officer, Janpad Panchayat - Koyalibeda District - Uttar Bastar Kanker Chhattisgarh ---- Respondents For Petitioner :

Mr. J. N. Nande, Advocate For State :

Ms. Hamida Siddiqui, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 22/03/2021

1. The challenge in the present writ petition is to the order of suspension dated 03.02.2021.

2. Bare persual of the pleadings would reveal that present writ petition has been filed immediately after the impugned order without availing the

remedy of appeal as is available under Rule 15 of the Chhattisgarh Panchayat Services (Discipline and Appeal) Rules, 1999.

3. In view of the same, this Court finds it difficult to entertain the writ petition, reserving the right of the petitioner to avail the remedy of appeal to the Appellate Authority. Subject to the petitioner preferring an appeal to the Appellate Authority, the appeal shall be decided by the Appellate Authority in accordance with law at the earliest preferably within a period of 90 days from the date of filing of the appeal.

4. With the aforesaid observation, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit