Shiv Kumar Dhruva v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.2754 of 2018 Shiv Kumar Dhruva S/o Shri Dayaram Dhruva, Aged About 46 Years Posted As Area Assistant, Paddy Procurement Centre, At Nagari, District Dhamtari Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Cooperative Societies, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

2. The Managing Director, Chhattisgarh State Marketing Federation - 880, Civil Lines, Head Office, Raipur, District Raipur Chhattisgarh.

3. The Secretary, Chhattisgarh State Marketing Federation - 880, Civil Lines, Head Office, Raipur, District Raipur Chhattisgarh. ---- Respondents For petitioner :

Shri VR Tiwari, Advocate.

For State :

Shri Ashutosh Pandey, Panel Lawyer.

For respondents2&3 Shri Keshav Dewangan, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03/ 04/2018

1. The counsel for the petitioner submits that on identical facts, bunch of writ petitions were disposed of by this court on 15.02.2018, leading case of which being WPS No.7126 of 2017. Vide the said order, the writ petitions were allowed, the order of appellate authority was set aside and the matters were remitted back to the appellate authority to reconsider the grounds raised in the appeal and to pass a fresh order. Therefore, he submits that since the facts are not in dispute and are also identical to WPS No. 7126 of 2017, the present petition may also be disposed of in similar terms.

2. On verification, the above submission is not disputed by the respondents counsel.

3. Accordingly, the present petition is also disposed of and allowed on similar terms as has been held in WPS No.7126 of 2017 and other batch of petitions decided on 15.02.2018.

4. The order of appellate authority stands stands set aside and the matter is remitted back to the appellate authority to consider each and every grounds raised by the petitioner in his appeal and thereafter pass a reasoned and speaking order in accordance with law preferably within a period of six months from the date of receipt/production of a copy of this order. The petitioner is also at liberty to raise additional grounds, if any, supported by the documents. The petitioner is also at liberty to move an application for grant of stay within 7 days from today, which shall be decided by the appellate authority within one month from its receipt and for the period of one month, no recovery shall be made against the petitioner.

5. The writ petition is accordingly allowed and disposed of. Sd/- (P.Sam Koshy) Judge inder