Jagat Bandhu Chakraverty v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2917 of 2015 • Jagat Bandhu Chakraverty S/o Shri Girdhar Chakraverty Aged About 47 years Occupation Headmaster Middle School Kurud, Block Chura District Gariyaband, (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Naya Raipur, P. S. Abhanpur, District Raipur (Chhattisgarh) • Secretary, Department Of Schedule Caste And Schedule Tribe Development Mantralaya, Mahanadi Bhawan, Naya Raipur, P. S. Abhanpur, District Raipur, (Chhattisgarh) • Collector, Gariyaband, District Gariyaband, (Chhattisgarh) • Block Education Officer, Block Chura, P.S. Chura, District Gariyaband, (Chhattisgarh) ---- Respondent {Note: cause title has been reproduced as is available in the CIS Software} For Petitioner : Miss Deepali Pandey, Advocate.

For Respondents : Shri Shashank Thakur, Govt. Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/08/2015

1. This writ petition has been preferred to assail the order passed by the Collector, Gariyaband placing the petitioner under suspension in

exercise of powers under Rule 9 of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (henceforth 'the Rules').

2. Admittedly, the order under challenge is appealable under Rule 23 of the Rules. Therefore, the petitioner has alternative remedy to prefer an appeal under the said provision.

3. Accordingly, the petitioner is permitted to prefer an appeal within a period of one month from today. On such appeal being preferred, the appellate authority shall consider and decide the same on its own merits, at the earliest, preferably within a period of 3 months from the date of submission of appeal. However, it is made clear that the observation made hereinabove shall not be construed to be an opinion in favour of the petitioner.

4. The writ petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Barve