Prakash Singh Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 493 of 2016 Prakash Singh Dhruv S/o Utkal Singh Dhruv, Aged About 36 Years R/o Village Gondkhapari Tahsil Baloda Bazar District Baloda Bazar Bhatapara (Chhattisgarh) ---- Appellant

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Health Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh)

2. Director, Directorate of Health Services, Block I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur District Raipur (Chhattisgarh)

3. Collector District Baloda Bazar, Bhatapara (Chhattisgarh)

4. Chief Medical and Health Officer, District Baloda Bazar-Bhatapara (Chhattisgarh) ---- Respondents For Appellant : Shri Lekhram Dhruw, Advocate.

For Respondent/State : Shri Y.S. Thakur, Additional Advocate General. Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, J.

Judgment on Board Per Deepak Gupta, Chief Justice 02/11/2016 1.

This writ appeal is directed against the order dated 29.7.2016 passed by Learned Single Judge of this Court whereby he rejected the interim prayer made by the Appellant/writ Petitioner.

2.

Prima facie, we are of the opinion that this appeal is not maintainable in view of the proviso to sub-section (1) of Section 2 of the High Court of Chhattisgarh (Appeal to Division Bench) Act, 2006. Even on merits, we are clearly

of the view that staying of the order of termination of services of the Appellant would virtually amount to allowing the writ petition, which cannot be permitted. Therefore, writ appeal stands rejected.

Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE Judge Anu