Gorelal Ratre v. C G Khadi Tatha Gramodyog Board

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2091 of 2021

1. Gorelal Ratre S/o Bhururam Ratre Aged About 40 Years R/o House No 68, Sector 2, Government Colony, Kashiram Nagar Police Station Telibandha, Raipur , Tahsil And District Raipur Chhattisgarh. ---- Petitioner

Versus

1. C G Khadi Tatha Gramodyog Board Through The Managing Director, Mahatma Gandhi Smriti Bhawan, Kankali Para Road, Sports Complex Premises, Raipur Chhattisgarh.,

2. Deepak Kumar Armo (Enquiry Officer) Asst. Director (Gramodyog), Zila Panchayat Korea Chhattisgarh.

---- Respondents For Petitioner :

Shri N. Naha Roy, Advocate.

For Respondent No. 1 :

Shri R. S. Patel, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 08.04.2021

1. Aggrieved by the order (Annexure P/1) dated 23.02.2021, the present writ petition has been filed.

2. Perusal of the impugned order (Annexure P/1) would show that it is nothing but only a change of the Enquiry Officer in the Departmental Enquiry which has been initiated against the petitioner. Further perusal of the said document would show that the reason for the change of Enquiry Officer occurred on the written request made by the earlier Enquiry Officer himself who has expressed his inability and reluctance in continuing with the enquiry proceedings for certain reasons that are reflected in his application.

3. Given the said facts, if the disciplinary authorities have accepted the request to the Enquiry Officer and has proceeded to change the Enquiry Officer, the High Court in exercise of its writ jurisdiction would not have the power to subject the said decision to judical review and decide as to whether the decision for a change of Enquiry Officer was proper legal or justified or not. Moreover, this is only a pure Administrative decision that has been taken and with justified reasons specifically mentioned in the order.

4. In view of the same, this Court does not find any merits, the writ petition deserves to be and is accordingly rejected.

Sd/- 1.

P. Sam Koshy Judge Jyotijha