Yavendra Kumar Sahu v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6722 of 2014 • Yavendra Kumar Sahu S/o Goverdhan Sahu Aged About 32 Years R/o Vilalge Khadpadhra Gram Panchayat Bharsiwna Police Station & Post Birgudi, Tahsil Nagri, Civil & Revenue District Dhamtari C.G. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Additional Secretary, Panchayat & Gramin Vikash Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur Distt. Raipur C.G.

2. The Collector Dhamtari, Distt. Dhamtari C.G.

3. The Surpanch Gram Panchayat Bhadsiwna, Tahsil Nagri, Distirct Dhamtari Cg..

---- Respondents For Petitioner Shri Kunal Das, Advocate For Respondent/State Shri S. Majid Ali, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 01/09/2015

1. The petitioner has assailed the legality and validity of the impugned notice issued by the respondent authorities questioning petitioner's appointment on the post of Assistant Panchayat-cum-Data Entry Operator.

2.

The subject appointment is governed under the guidelines issued by the State Government, wherein Clause 15 provides for an appeal under the provisions of the Chhattisgarh Panchayat Raj Adhiniyam,

1993. Thus, the petitioner has an efficacious alternative remedy to challenge the impugned order.

3.

Accordingly, the writ petition is dismissed, however, liberty is granted in favour of the petitioner to avail the alternative remedy within a period of one month from today. If the petitioner prefers an appeal within the stipulated period, the appellate authority shall consider and decide the same, in accordance with law and on its own merits, as early as possible, preferably within a period of three months from the date of submission of appeal by the petitioner.

4.

It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala