Bihari Lal Napit v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1881 of 2018 Bihari Lal Napit S/o Babulal Napit Aged About 38 Years C. T. J. W. College District- Uttar Bastar Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Home Department Mantralaya Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Additional Director General Of Police, Police Headquarter, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Commandant, C.T.J.W. College, Kanker District- U.B. Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Respondents For Petitioner :

Mr. Parag Kotecha, Advocate.

For Respondents/ State :

Mr. Dilman Rati Minj, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/02/18 1.

Learned counsel appearing for the petitioner would submit that by the impugned order dated 16.01.2018 passed by Additional Director General of Police, Raipur, the petitioner has been reverted from the post of Head Constable to the post of Constable on totally untenable grounds and also directed recovery of amount of Rs.9,51,843/- from his salary, being aggrieved against which this writ petition has been preferred by the petitioner.

2.

Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law and is liable to be set aside. 3.

On the other hand, learned counsel appearing on behalf of

respondent State would submit that the impugned order is appealable under the provisions of Chhattisgarh Police Regulations. 3.

I have heard learned counsel for the parties and perused the impugned order with utmost circumspection.

4.

Be that as it may, the petitioner would be at liberty to file an appeal before the Appellate Authority within 15 days from today along with copy of this order and if such an appeal is preferred by the petitioner then, the Appellate Authority shall consider and do well to dispose of the appeal expeditiously preferably within a period of three months from the date of receipt of certified copy of this order. The petitioner would also be at liberty to file an application for stay, if any, that will be considered and dispose of within seven days from the date of receipt of application after hearing the parties.

5.

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

Sd/- (Sanjay K. Agrawal) Judge Priyanka