High Court Of ChhattisgarhWPS/2530/2020dismissed

Moti Lal Sahu v. State Of Chhattisgarh

2020-07-01Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2530 of 2020 • Moti Lal Sahu S/o Shri Banshilal Sahu Aged About 49 Years Occupation Dismissal From The Post Of Panchayat Secretary Of Village Panchayat Chhuyia Block-Fingeshwar, Janpad Panchayat Fingeshwar, R/o Village Bhendri (Loharsi) Ward No. 02, Shitla Para, Tahsil Rajim, District Gariyaband, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Panchayat And Rural Development Department, Mahanadi Bhawan Naya Mantralaya, Raipur, Chhattisgarh

2. The Collector District Gariyaband, Chhattisgarh

3. The Chief Executive Officer Zila Panchayat Gariyaband, District Gariyaband, Chhattisgarh

4. The Chief Executive Officer Janpad Panchayat Fingeshwar, District Gariyaband, Chhattisgarh ---- Respondents For Petitioner :

Shri J.N. Nande, Advocate For Respondents/State :

Shri Vikram Sharma, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 01/07/20

1. Heard.

2. Challenge in the present writ petition is to the order dated 21.03.2018 (Annexure P-1), whereby the services of the petitioner, who is working as Panchayat Karmi i.e. the Secretary, has been dispensed with.

3. The order impugned is dated 21.03.2018 and since under the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 (for short 'the Rules, 1999'), the order is appealable before the Additional Commissioner according to the appendix read with Rule 15 of the Rules, 1999, therefore, the petitioner may prefer the necessary appeal before the authority. Since the statutory appeal is already provided under the Rules, 1999, therefore, I am not inclined to interfere with the impugned order as the order of termination is dated 21.03.2018 and in any case to justify the delay caused, the petitioner has to adduce evidence, which this Court is not inclined to go in as it may require evidence. Therefore, since the statutory alternative remedy is available, I am not inclined to entertain this writ petition.

4. Accordingly, the writ petition is dismissed. SD/-Sd/-/- Goutam Bhaduri Judge Ashu