High Court Of ChhattisgarhWPS/5216/2016disposed off

Bhupesh Kumar Verma v. State Of Chhattisgarh

2016-12-06Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5216 of 2016 Bhupesh Kumar Verma, S/o Shri Toranlal Verma, aged about 32 years, R/o Village Mohbhathha, Police Station Bhatapara (Gramin), Tahsil Simga, District Baloda Bazar-Bhatapara (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary, Department of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, Police Station Rakhi, District Raipur (C.G.)

2. The Collector (Bhu-Abhilekh Branch), Baloda Bazar-Bhatapara (C.G.)

3. The Sub Divisional Officer, Bhatapara, District Baloda BazarBhatapara (C.G.)

4. The Tahsildar, Bhatapara, District Baloda Bazar-Bhatapara (C.G.) ---- Respondents For Petitioner:

Mr. Dashrath Kushwaha, Advocate.

For Respondents/State: Mr. Dheeraj Kumar Wahkhede, Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/12/2016

1. Learned State counsel submits that the order of termination passed by the Sub Divisional Officer terminating the services of the petitioner from the post of Patwari is appealable under Rule 23 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966.

2. At this stage, learned counsel for the petitioner submits that the petitioner may be permitted to approach the appellate authority / Collector and the appellate authority be directed to consider the appeal, in accordance with law.

3. If the petitioner prefers an appeal within 30 days from today before the appellate authority / Collector, the appellate authority should do

well to consider and decide the same within 4 months from the date of receipt of the appeal, on its own merits, in accordance with law.

4. With the aforesaid observation and direction, the petition stands disposed of. No order as to costs.

5. Certified copy of the order impugned be returned counsel for the petitioner on his furnishing a duly attested Photostat copy of the same.

6. It is made clear that this Court has not expressed any opinion on the merits of the case and the appellate authority shall decide the appeal on its own merits without being influenced by any of the observations made herein-above.

Sd/- (Sanjay K. Agrawal) Judge Soma