Rohit Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4083 of 2016 Rohit Kumar Gupta S/o Balram Prasad Gupta, aged about 24 years Working On The Post Of Rojgar Sahayak Village Panchayat- Kerta R/o Village Kerta P. S. Chalgali Tahsil Balrampur Distt. Balrampur Ramanujganj (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Panchayat and Rural Development Mahanadi Bhawan, New Raipur, Distt. Raipur (Chhattisgarh)

2. The Collector/ District Program Co-Ordinator ( M A N R E G A) Balrampur, Distt. Balrampur Ramanujganj (Chhattisgarh)

3. The Chief Executive Officer, Zila Panchayat Balrampur Distt. Balrampur Ramanujganj (Chhattisgarh)

4. The Chief Executive Officer, Janpad Panchayat Balrampur Distt. Balrampur Ramanujganj (Chhattisgarh)

5. The Program Officer ( M A N R E G A) Janpad Panchayat Balrampur Distt. Balrampur Ramanujganj (Chhattisgarh) ---- Respondents For Petitioner :

Shri A. N. Pandey, Advocate For Respondent/State :

Shri Avinash Singh, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 12/01/2017 The present writ petition has been filed seeking for a direction to the respondents particularly respondent no.3 for taking a decision on the application moved by the petitioner for withdrawal of his resignation and for permitting him to resume his duties as Rojgar Sahayak in village Panchayat, Kerta.

2.

Case of the petitioner is that he was appointed as Rojgar Sahayak under respondent No.3 in the year 2007 and by efflux of time the employment of the petitioner was continued and it was lastly extended till march, 2017. In between, the petitioner got involved in a criminal case

wherein he was prosecuted under Sections 450, 354/34, 376 (d), 506 IPC and Section 3 (2) (5) & 3 (1) (12) of SC & ST Act and he was taken into custody in the said criminal case. While in custody, he moved an application Annexure P-2 to respondent no.3 for resignation from the post of Rojgar Sahayak on 26.11.2016 highlighting the fact that since he has been falsely implicated in the criminal case and he is in the custody, he will not be able to discharge his duties, therefore, he intends to resign. 3.

However, the petitioner was acquitted in the said criminal case i.e. Special Sessions Trial No.21/16 vide judgment dated 13.07.2016. Subsequently, the petitioner moved an application i.e. Annexure P-4 for recalling of his resignation letter with permission to resume his duty as Rojgar Sahayak. However, no decision on the said application has been taken by the concerned respondent i.e. respondent no.3. 4.

At this juncture, counsel for the petitioner makes a limited prayer that the respondent no.3 may be directed to consider the said application and pass a suitable order so that in case it is allowed the petitioner may resume his duty.

5.

State counsel does not oppose to the prayer made by the counsel for the petitioner.

6.

Accordingly, the present writ petition is disposed of with a direction that respondent no.3 shall take a suitable decision on Annexure P-4 filed by the petitioner herein on 23.07.2016 at the earliest preferably within a period of four weeks from the date of receipt of copy of this order. 7.

It is made clear that this Court has not given any opinion on the merits of the case and the authority concerned shall decide the said application strictly in accordance with the rules governing the field. Sd/- (P. Sam Koshy) JUDGE Bhola