Megha Upadhya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2424 of 2016 Megha Upadhya W/o Shri Neer Nidhi Sharma, Aged About 34 Years R/o Quarter No. L.I.G. 26, R. P. Nagar, Phase 1, Korba, District Korba Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat Rural Development Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Jila Panchayat, Korba Through The Chief Executive Officer, Korba, District Korba Chhattisgarh

3. Chief Executive Officer, Korba Jila Panchayat, Korba, District Korba Chhattisgarh ---- Respondents For Petitioner :

Shri Amrito Das and Shri Abhyuday Singh, Advocates For State :

Shri Dhiraj Wankhede, Govt. Advocate.

S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/06/2016 Heard.

1. By this petition, the petitioner has challenged the order dated 22.5.2015 passed by the Chief Executive Officer, Jila Panchayat, Korba, by which the services of the petitioner have been terminated after giving a show cause notice.

2. Learned counsel for the petitioner submits that before terminating the services of the petitioner on the allegation of long absence, detailed

enquiry under the Rules has not been conducted.

3. The impugned order was passed on 22nd May, 2015. The petitioner has filed this petition after more than one year. Considering the aforesaid conduct of the petitioner, I am not inclined to entertain the petition when there exists remedy of filing statutory appeal before the competent authority under Rule 15 of the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 (for short "the Rules of 1999").

4. The petition is, therefore, dismissed with liberty to take recourse to remedy of appeal under the Rules of 1999.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen