Roop Sai Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6465 of 2016 Roop Sai Chauhan Aged About 47 Years S/o Late Dokri Ram Chauhan, Occupation Ex Panchayat Karmi/ Secretary, Gram Panchayat Kamtara, Janpad Panchayat Gharghoda, Civil And Revenue Distt. Raigarh, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, New Raipur, (Chhattisgarh)

2. The Collector, Distt. Raigarh, (Chhattisgarh)

3. Chief Executive Officer, Zila Panchayat, Raigarh, (Chhattisgarh)

4. Chief Executive Officer, Janpad Panchayat Gharghoda, Distt. Raigarh, (Chhattisgarh)

5. Deputy Director, Panchayat And Social Welfare, Distt. Raigarh, (Chhattisgarh)

6. Sarpanch, Gram Panchayat Kamtara, Distt Raigarh, (Chhattisgarh)

7. Lalit Singh Rathia, S/o Shri Bhog Singh Rathia, Aged About 36 Years Occupation Temporary Panchayat Karmi, Gram Panchayat Kamtara, Distt. Raigarh, (Chhattisgarh) ---- Respondent For Petitioner :

Shri A.N. Bhakta, Advocate.

For State : Shri Garry Mukhopadhyaya, Dy. GA Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/12/2016 Heard.

(1) It is the case of the petitioner that the petitioner has neither been suspended nor terminated or dismissed from service. The petitioner was facing criminal trial and finally he has been acquitted by this Court vide order dated 26.09.2015 passed in Criminal Appeal No.139/2007. It is the case of the petitioner that he is not being allowed to work on the post of Secretary,

Gram Panchayat - Kamtara, Distt. Raigarh.

(2) Upon being enquired, learned counsel for the petitioner submits that there is neither any order of suspension nor termination or dismissal passed against him but the Chief Executive Officer, Zila Panchayat orally directed that work be not taken from the petitioner.

(3) Whether the petitioner himself was avoiding to work or there was any order terminating or suspending him due to which he was deprived from work. He has submitted representation before the Collector, Raigarh, the Collector Raigarh should decide his application and pass a speaking order within a period of three weeks from the date of receipt of copy of this order passed by this Court. Counsel for the petitioner may also make additional representation, if any.

(4) If the petitioner's grievance is not redressed within reasonable period, it would be open for the petitioner to take recourse to remedy as may be available to him under the law.

(5) With the aforesaid observations, the writ petition stands disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-