Amarnath Katiyar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2956 of 2016 Amarnath Katiyar S/o Shri Ujagar Lal Katiyar, Aged About 44 Years Presently Assistant Grade- Ill, Office Of Chief Electoral Officer, Indravati Parisar, Old Mantralaya, Raipur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, General Administration Department, Naya Mantralaya, Mahanadi Bhawan, Raipur, District Raipur, (Chhattisgarh)

2. The Chief Electoral Officer, Indravati Khand, Old Mantralaya, Raipur, (Chhattisgarh)

3. The Secretary, Law And Legislative Department, Mahanadi Bhawan, New Mantralaya, Raipur, (Chhattisgarh) ---- Respondents For Petitioner : Shri P. R. Patankar, Advocate For Respondent/State : Shri S. P. Kale, Dy.AG Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/08/2016 Heard.

2.

Occasion has arisen for the petitioner to approach this Court when the petitioner is being sent from pillar to post regarding the authority before whom, his appeal is to be heard.

3.

Though a statement on affidavit by way of reply in earlier found of litigation was made before this Court by the State Government that the appeal shall lie before the Governor, when the petitioner filed an appeal, the Secretariat of the Governor returned the memo of appeal stating that the Governor is not the competent authority. Thereafter, the Joint Chief Electoral Officer vide letter dated 08-12-2015 informed the petitioner that the appeal of the petitioner would lie before the State Government,

Department of Law and Legislative Affairs. The petitioner then filed an appeal which was returned with memo dated 22-04-2016 by the Secretary of Department of Law and Legislative Affairs addressed to Chief Electoral Officer by stating that the Competent authority is the State Government. At this stage, the petitioner filed this appeal. 4.

On the last date of hearing, learned State counsel was directed to seek instructions and make definite statement as to the appellate authority, who shall hear appeal of the petitioner.

5.

Shri Kale, learned Deputy Advocate General, on behalf of respondents including Chief Electoral Officer, referring to the provisions contained in Schedule appended to the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966, submits that the competent authority would be the State Government. He further submits that in the case of the petitioner, who has posted in the office of Chief Electoral Officer, the competent authority would be the State Government in its department of Law and Legislative Affairs.

6.

Considering the submission of learned counsel for the parties and the affidavit on record, it is directed that the petitioner's appeal shall be heard and decided by the State Government in its department of Law and Legislative Affairs as early as possible. Considering that the petitioner's appeal could not be heard all those years, because he was sent sent one office to other, the appeal of the petitioner shall be considered and decided within a period of four months from the date of receipt of a copy of this order. 7.

With the aforesaid direction, this petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tumane