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High Court Of ChhattisgarhWPS/609/2017disposed off

Sumitra Bhuarya v. State Of Chhattisgarh

2017-02-06Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.602 of 2017 Ramdesh Kumar Khuranshu, S/o Shri Anandi Ram Khuranshu, aged about 30 years, R/o Village & Post Chipra, Tahsil & Police Station Doundi, District Balod (CG).

---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education & Panchayat, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur (Chhattisgarh)

2. Collector, Office Of Collectorate, Bemetara, Distt. Bemetara, (Chhattisgarh)

3. Chief Executive Officer ( C. E. O.) Zila Panchayat Bemetara, Distt. Bemetara, (Chhattisgarh)

4. Chief Executive Officer ( C. E. O.), Janpad Panchayat, Office Of Janpad Panchayat, Saja, Distt. Bemetara, (Chhattisgarh) ---- Respondents AND Writ Petition (S) No.609 of 2017 Sumitra Bhuarya, W/o Shri Murlidhar Bhuarya, aged about 32 years R/o Village Podi, Post Tekapar, Tahsil, Police Station and District Balod (CG).

---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education & Panchayat, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur (Chhattisgarh)

2. Collector, Office Of Collectorate, Bemetara, Distt. Bemetara, (Chhattisgarh)

3. Chief Executive Officer ( C. E. O.) Zila Panchayat Bemetara, Distt. Bemetara, (Chhattisgarh)

4. Chief Executive Officer ( C. E. O.), Janpad Panchayat, Office Of Janpad Panchayat, Saja, Distt. Bemetara, (Chhattisgarh)

---- Respondents AND Writ Petition (S) No.613 of 2017 Savita Maraskolea, W/o Shri Indrapal Bhaskar, aged about 42 years, R/o Village and Post Bheeragaon, Tahsil Bhanupratappur, Police Station Bhanupratappur, District Kanker (CG).

---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education & Panchayat, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur (Chhattisgarh)

2. Collector, Office Of Collectorate, Bemetara, Distt. Bemetara, (Chhattisgarh)

3. Chief Executive Officer ( C. E. O.) Zila Panchayat Bemetara, Distt. Bemetara, (Chhattisgarh)

4. Chief Executive Officer ( C. E. O.), Janpad Panchayat, Office Of Janpad Panchayat, Saja, Distt. Bemetara, (Chhattisgarh) ---- Respondents For Petitioner : Mr. Abhishek Pandey, Advocate.

For State/respondents : Mr. Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 6/02/2017 (1) Heard.

(2) Learned counsel appearing for the State/respondents submits that by the impugned order dated 11.01.2017 passed by respondent No.4 i.e. Chief Executive Officer, Janpad Panchayat, Saja has terminated the services of the petitioners under Rule 3 of Chhattisgarh Panchayat Service (Discipline and Appeal) Rules,

1999 whereas, counsel for the petitioners submits that one similar case has already been decided by this Court vide order dated 15.07.2015 passed in WP(S) No.1846/2011 (Prakash Chand Soni Vs. State of Chhattisgarh and Others) and therefore, these cases may be disposed of in similar terms.

(3) Since the petitioners have remedy of filing an appeal before competent authority i.e. respondent/Collector, Bemetara. (4) At this stage, learned counsel appearing for the petitioners submits that they may be permitted to prefer an appeal before respondent No.2 i.e. Collector, Bemetara within a period of four weeks from today.

(5) The petitioners are permitted to prefer an appeal before the respondent No.2 i.e. Collector, Bemetara. If such appeal is filed by the petitioners within a period of four weeks from today and, in turn, the said authority shall consider and decide the same under Rule 7 of Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 after hearing of all the parties preferably within a period of three months from the date of receipt of appeal of the petitioners along with copy of this order.

(6) With the aforesaid observation, the writ petitions stand finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-