Smt. Sandhya Patrikar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1148 of 2020 • Smt. Sandhya Patrikar W/o Shri S.K. Patrikar Aged About 53 Years R/o House No. 678, Street No. 7, Shanti Nagar , Bhilai , Post Supela, District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary Department Of Education Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh

2. The Director Lok Shikshan Sanchalnalay, Indrwati Bhawan , Atal Nagar, Raipur Chhattisgarh

3. The Collector Rajnandgaon, District Rajnandgaon Chhattisgarh

4. The District Education Officer Rajnandgaon , District Rajnandgaon Chhattisgarh

5. Block Education Officer Block Chhuriya, District Rajnandgaon Chhattisgarh

6. Government Higher School Through The Principal , Chichola, Block Chhuriya, District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Shri Punit Ruparel, Advocate with Shri Ram Narayan Sahu, Advocate for the petitioner.

For Respondents/State :

Shri Alok Bakshi, Addl. AG Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/02/20

1. Heard.

2. The present petition is to quash the departmental enquiry which is proposed to be contemplated against the petitioner.

3. Learned counsel for the petitioner would submit that as per the allegations leveled in Annexure P-1, no allegations would be made out against the petitioner as they are completely not based on the facts and therefore, the contemplated enquiry may be quashed.

4. This Court in exercise of powers under Article 226 of the Constitution of India cannot enter into the fact finding at this stage and it goes without saying that the departmental enquiry when it would be conducted then the petitioner would be given opportunity of hearing to place the documents which are in his possession and shall be heard during the enquiry without any bias.

5. At this stage the petition is premature, therefore, I am not inclined to entertain this petition. It is accordingly dismissed.

Sd/- Goutam Bhaduri Judge Ashu