Tarun Shukla v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.7037 of 2009 Tarun Shukla son of Shri Ram Kishor Shukla, age 51 years, posted as Head Master at Middle School Kumhalori, Block and District Rajnandgaon ---- Petitioner versus

1. State of Chhattisgarh, through Secretary, School Education, Mantralaya, D.K.S. Bhawan, Raipur

2. Director, Public Instructions, Directorate, Raipur, Chhattisgarh

3. Collector, District Collectorate, Rajnandgaon, District Rajnandgaon

4. District Education Officer, District Education Office, Rajnandgaon, District Rajnandgaon ---- Respondents For Petitioner :

Shri Amiyakant Tiwari, Advocate For Respondents/State :

Shri B. Gopa Kumar, Deputy Advocate General Hon'ble Shri Navin Sinha, Chief Justice Order on Board 16/10/2015 1.

Heard Learned Counsel for the Petitioner and the State. 2.

The Petitioner was visited with a punishment for stoppage of one increment with non-cumulative effect, a minor punishment. Considering the same, the Court is not inclined to exercise its jurisdiction on the ground that the Collector was not competent to pass the punishment and the Divisional Commissioner alone was competent to do so.

3.

An objection has also been taken in the counter-affidavit that the writ application has been filed directly without availing alternative remedy of appeal.

4.

The Court does not find the present a fit case for exercise of its discretionary writ jurisdiction.

5.

The writ application is dismissed.

Sd/- (Navin Sinha) CHIEF JUSTICE Gopal