High Court Of ChhattisgarhWP/4510/2005disposed off

K.K.Verma v. State Of Chhattisgarh And ORS.

2017-11-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP No.4510 of 2005 K.K. Verma S/o Shri A.K. Verma, Aged about 53 years, Working as Dy.Ranger Dongargarh, R/o Anant Smriti Sadan, Near Kedarbadi, Dongargarh, Dist : Rajnandgaon (CG) ---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Forest Department, Mantralaya Raipur, Dist : Rajnandgaon (CG)

2. The Divisional Forest Officer, Rajnandgaon Forest Division, Rajnandgaon

3. The Range Officer, Divisional Forest Office (General) Dongargarh, Dist : Rajnandgaon (CG) ---- Respondents For Petitioner :

Mr.Keshav Dewangan, Advocate For Respondents :

Mr.P.K.Bhaduri, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/11/2017

1. The Disciplinary Authority in exercise of the powers conferred under the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 inflicted penalty of stoppage of one increment with non-cumulative effect and also passed an order for recovery of Rs.66854/- against the petitioner, feeling aggrieved against that order, the petitioner has preferred an appeal before the Conservator of Forest, which is stated to be pending before the said authority.

2. Learned counsel for the petitioner would submit that the petitioner's application for grant of stay against the impugned order was rejected by respondent No.2 by order dated 11.2.2015 (Annexure P/15), against which, this writ petition

has been preferred. He would further submit that the impugned order is unsustainable and bad in law.

3. On the other hand, learned State Counsel for the respondents would oppose the writ petition.

4. I have heard learned counsel for the parties.

5. This writ petition has been preferred by the petitioner mainly challenging the order rejecting his interim application. Since substantive appeal is pending consideration since 2005, the appellate authority is directed to consider and dispose of the appeal filed by the petitioner, if already not disposed of and to take a decision within one month from the date of receipt of a copy of this order. In case the appeal has already been decided, the petitioner is at liberty to proceed in accordance with law.

6. With the aforesaid observation, the writ petition finally stands disposed of. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-