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High Court Of ChhattisgarhWPS/755/2015disposed off

Ramesh Kumar Dhritlahre v. State Of Chhattisgarh And ORS.

2015-07-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 755 of 2015 • Ramesh Kumar Dhritlahre Son of Mahang Ram Dhritlahre, Aged About 21 years R/o Village Boriya, Police Station Bodla, P.O. Baijalpur, District Kabirdham ( C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Mahanadi Bhawan, Naya Raipur, District Raipur ( C.G.)

2. Chief Executive Officer Zila Panchayat, Kabirdham ( C.G.)

3. Chief Executive Officer Janpad Panchayat, Kabirdham ( C.G.)

4. Gram Panchayat, Boriya, Through : The Secretary, Gram Panchayat, Boriya, Tahsil Bodla, District Kabirdham ( C.G.)

5. Sarpanch, Village Panchayat - Boriya, District Kabirdham ( C.G.)

6. Durgesh Kumar Ahirwar S/o Jaduam R/o Village Madmada, Tahsil Bodla, District Kabirdham ( C.G.) ---- Respondents For Petitioner :

Shri R.K. Pali, Advocate appearing on behalf of Shri P.P. Sahu, Advocate For Respondent/State :

Shri Mazid Ali, P.L.

For Respondent No.4 to 6 :

Shri Santosh Bharat, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 10/07/2015 1.

By this petition, the petitioner is challenging the appointment of respondent No. 6 on the post of Panchayat Assistant-cum-Data Entry Operator for Gram Panchayat, Boriya, District Kabirdham. 2.

Under the relevant government instructions governing appointment of the Panchayat Assistant-cum-Data Entry Operator, the aggrieved party has remedy of preferring appeal under the provision of Panchayat Raj Adhiniyam, 1993.

3.

In view of the availability of alternative remedy, the present petition is not maintainable, therefore, it is disposed of with a direction that in the event petitioner prefers an appeal within a period of 30 days from today, the appellate authority shall consider and decide the appeal after hearing all the necessary parties, within a period of six months from the date of submission of appeal along with certified copy of this order. 4.

It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent-authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- JUDGE Prashant Kumar Mishra Kamde