Smt. Chandrkiran Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1221 of 2019 Smt. Chandrkiran Dewangan W/o Aishwarya Dewangan Aged About 38 Years Presently Working As Teacher Panchayat - Ii, At Present Posted At Govt. Middle School Baratnara Tahsil And District Raipur Chhattisgarh. R/o Jaiswal Mohalla Korba Tahsil And District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Panchyat And Rural Development, Mantralaya, Mahanadi Bhawan Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Commissioner Raipur Division, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Executive Officer District Panchayat, Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For petitioners :

Mr. Akhand Pratap, Advocate.

For State :

Mr. Rahul Mishra, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 22/02/2019 1.

The limited prayer which the petitioner has made in the present writ petition is for giving a direction to respondent No. 3 to take a decision on the representation of the petitioner against an alleged resignation letter which has been submitted in the department and which has been acted upon by respondent No. 3 vide (Annexure P-1) dated 6/7/2017. 2.

The contention of the petitioner is that the petitioner has never moved any resignation to the department and it appears that the resignation which has been accepted by the department is one which has been filed in the

department by the husband of the petitioner forging the signature of the petitioner. The petitioner against the order of Chief Executive Officer dated 06/07/2017 had preferred an appeal before the Divisional Commissioner, Raipur vide appeal case No. 292/A/89/2017-18. The Divisional Commissioner vide his order dated 16/07/2018 had partly allowed the appeal and has remitted back to the respondent No. 3, Chief Executive Officer, Zila Panchayat, Raipur to reconsider the case of the petitioner particularly in respect of the alleged resignation letter which has been submitted before respondent No. 3 by forging the signature of the petitioner. Though, the order of Commissioner was passed on 16/07/2018 but till date no decision has been rendered by respondent No. 3 and therefore the present writ petition has been filed.

3.

Given the aforesaid factual matrix of the case particularly the fact that Divisional Commissioner has partly allowed the appeal of the petitioner and the same stands pending before respondent No. 3, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if respondent No. 3 is directed to take a decision on the representation of the petitioner in the light of the decision of the Commissioner dated 16/07/2018. 4.

Let an appropriate order be passed within a period of 60 days from the date of receipt of copy of this order. It shall be the responsibility of the petitioner to apprise the respondent No. 3 so far as the order passed by this Court is concerned.

5.

Accordingly, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Rohit JUDGE