Vishnu Prasad Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.326 of 2016 Vishnu Prasad Rathore, son of Late Shri Shyam Lal Rathore, age around 57 years, R/o B.D. Mahuat Upnagar, Ward No.07, Janjgir, P.S. Janjgir, District Janjgir-Champa, Chhattisgarh ---- Appellant versus

1. State of Chhattisgarh through the Secretary, Department of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, Raipur, Chhattisgarh

2. Under Secretary, Department of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, Raipur, Chhattisgarh

3. Collector, District Janjgir-Champa, Chhattisgarh

4. District Education Officer, Janjgir-Champa, Chhattisgarh

5. Block Education Officer, Nawagarh, District Janjgir-Champa, Chhattisgarh

6. District Mission Coordinator, Rajiv Gandhi Shiksha Mission (Sarv Shiksha Abhiyan), District Janjgir-Champa, Chhattisgarh

7. Cluster Academic Coordinator, Cluster Centre Dhaneli, Block Nawagarh, District Janjgir-Champa, Chhattisgarh ---- Respondents For Appellant :

Shri Mateen Siddiqui, Advocate For State/Respondents No.1 to 5 : Shri Y.S. Thakur, Deputy Advocate General Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board Per Deepak Gupta, Chief Justice 18.7.2016 1.

Learned Single Judge has dismissed the writ petition on the ground that the Appellant has an efficacious alternative remedy of challenging the order of suspension before the appellate authority. 2.

Shri Mateen Siddiqui, Learned Counsel appearing for the Appellant submits that though in this case the Petitioner/Appellant herein has not availed of this opportunity, even if an appeal is filed the same is not invariably decided.

3.

We agree that if appeals are filed they must be disposed of

expeditiously and in cases where suspension is involved, even more expeditiously.

4.

We dispose of this appeal with the following directions: (1) That the Appellant may challenge the order of suspension and if an appeal is filed within 15 days, it shall be treated to be within limitation, (2) The appellate authority shall dispose of the appeal within 15 days of the presentation/receipt of the appeal along with a copy of this order.

(3) In case the Appellant wants personal hearing, the period of limitation shall be 45 days.

(4) Needless to mention that the appellate authority must pass a reasoned and speaking order while disposing of the appeal.

Sd/- Sd/- (Deepak Gupta) (Sanjay K. Agrawal) CHIEF JUSTICE JUDGE Gopal