Rajkumar Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.1994 of 2018 • Rajkumar Chauhan S/o Late Shri Ferulal Chauhan Aged About 49 Years R/o Old Irrigation Colony Janjgir Champa Occupation Service Truck Driver , Hasdev Nahar Jal Praband Division District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Irrigation Department Mahanadi Bhawan Mantralaya Naya Raipur Police Station Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector , Janjgir Champa , District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Executive Engineer , Hasdev Nahar Jal Praband Division, Janjgir Champa District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Respondents For Petitioner :

Shri B. L. Sahu, Advocate, appears on behalf of Mayank Kumar, Advocate For Respondent/State:

Shri Manish Nigam, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/04/2018 Heard.

2.

The petitioner had challenged the government's own instruction dated 04-06-2001, by which, attachment is prohibited. 3.

Though number of opportunities including last opportunity was granted to the learned State counsel to justify the attachment of the petitioner and also to come out with the reply as to whether attachment could be ordered in view of the circular dated 04-06-2001, no reply has been filed. The order of attachment

of the petitioner is contrary to circular dated 04-06-2001, which prohibits attachment. Even if it is assumed, for the argument sake, that in appropriate cases, deviation from administrative instructions is permissible in a larger interest of administration, no such reasons have been assigned before this Court.

4.

Accordingly, the petition is allowed. Impugned order dated 31-10-2017 (Annexure P/1) is set aside.

SD/- (Manindra Mohan Shrivastava) J U D G E Tumane