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High Court Of ChhattisgarhWPS/1546/2017dismissed

Kumari Chouhan v. State Of Chhattisgarh

2017-03-30Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1546 of 2017 • Kumari Chouhan D/o Shri Gauri Shankar Chouhan, Aged About 25 Years, Earlier Posted As Rojgar Sahayak (Mahatma Gandhi National Rural Employment Guarantee Scheme) Of Gram Panchayat Dhaurabhata, Janpad Panchayat Sarangarh, District Raigarh (Chhattisgarh), R/o Village Dhaurabhata, Tehsil Sarangarh, District Raigarh (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat & Rural Development Department, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. Zila Panchayat Raigarh (MGNREGA), Through Chief Executive Officer, Raigarh, District Raigarh (Chhattisgarh)

3. Janpad Panchayat (MGNREGA), Through Chief Executive Officer, Sarangarh, District Raigarh (Chhattisgarh)

4. Sub Divisional Officer (Revenue), Sarangarh, District Raigarh (Chhattisgarh)

5. Gram Panchayat Dhaurabhata, Through Sarpanch, Tehsil Sarangarh, District Raigarh (Chhattisgarh)

6. Collector, Raigarh, District Raigarh (Chhattisgarh). ---- Respondents For Petitioner Shri Surfaraj Khan, Advocate For Respondent-State Shri Shashank Thakur, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/03/2017 1.

Petitioner, who was working as Rojgar Sahayak, has been removed from the office of Janpad Panchayat, Sarangarh on the ground of unsatisfactory service.

2.

Learned State counsel would submit that the order dated 01.03.2017 at page 14 of the paper book is appealable before the authority, to which appeal lies under the provisions of Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 read with Rule 3 of the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995.

3.

In view of the existence of alternative remedy, the writ petition is not maintainable.

4.

Let the petitioner prefer a duly constituted appeal within a period of 30 days from today. In the event, such appeal is filed, the Appellate Authority shall consider and decide the appeal on its own merits, at the earliest, preferably within a period of one month from the date of submission of appeal.

5.

The writ petition stands disposed of.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala