Wagesh Kumar Dewangan v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 629 of 2015 Wagesh Kumar Dewangan S/o Hemlal Dewangan, aged about 32 years, Occupation Assistant Teacher (Panchayat) R/o village Bhainsmundi Magarlod, Tahsil Magarlod, District Dhamtari, Chhattisgarh, At present Assistant Teacher (Panchayat) Govt. Boys Higher Secondary School Magarlod, Tahsil Magarlod, District Dhamtari, Chhattisgarh.

---- Appellant

Versus

1. The State of Chhattisgarh, Through The Secretary, Panchayat and Rural Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. Director, Panchayat Indrawati Bhawan, Naya Raipur, Chhattisgarh.

3. Collector, District Dhamtari, Chhattisgarh.

4. District Education Officer, Dhamtari, District Dhamtari, Chhattisgarh.

5. Chief Executive Officer, Janpad Panchayat, Magarlod, District Dhamtari, Chhattisgarh.

6. Block Education Officer and Additional Chief Executive Officer (Education) Janpad Panchayat, Magarlod, District Dhamtari Chhattisgarh.

7. Principal, Govt. Boys Higher Secondary School, Magarlod, Tahsil Magarlod, District Dhamtari, Chhattisgarh.

---- Respondents For Appellant :

Shri R.S.Baghel, Advocate.

For Respondent/State :

Shri B. Gopa Kumar, Deputy Advocate General.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Judgment on Board Per Navin Sinha, Chief Justice 10/12/2015 1.

The office has raised an objection with regard to maintainability of the appeal under Section 2(1) of the Chhattisgarh High Court (Appeal to Division

Bench) Act, 2006 on the ground that the impugned order dated 4.11.2015 is interlocutory in nature. The Learned Single Judge has declined to stay the operation of the order of transfer and called for return. 2.

Upholding the office objection, the appeal is held to be not maintainable under the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, as it arises from an interlocutory order.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Amit