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High Court Of ChhattisgarhWPS/2650/2021disposed off

Phool Das Barley v. State Of Chhattisgarh

2021-07-07Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2650 of 2021 Phool Das Barley S/o Late Shri Uday Ram Barley Aged About 35 Years R/o Village- Banranka, Post- Topni, Tahsil- Khamhariya, DistrictBemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Nava Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2.

Collector Bemetara Bemetara, District Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh 3.

Chief Executive Officer Janpad Panchayat, Berla, Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh 4.

Block Education Officer District- Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh ----Respondents For Petitioner :

Mr. Aniket Verma, Advocate For State :

Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/07/2021 1.

The limited grievance at the outset that the petitioner prays for is that for an appropriate direction to the respondent No.2 to decide the departmental appeal that the petitioner has preferred against the order of removal from service dated 17.02.2017. 2.

According to the petitioner, he was removed from service on 17.02.2017 by an order passed by the respondent No.3. Because of certain health issues and the fact that the petitioner is a person with disability, the appeal could not be filed timely and the appeal ultimately was filed on 03.11.2018 to the respondent No.2, which however till date has not been decided.

3.

Given the factual matrix of the case, the writ petition at this juncture stands disposed of directing the respondent No.2 to take a decision on the departmental appeal that the petitioner has preferred on its own merits in accordance with law at the earliest preferably within a period of 90 days from the date of receipt of the copy of this order. The order of this Court would loose its efficacy if the respondent No.2 has already taken a decision in the departmental appeal. 4.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved