Satyendra Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3080 of 2016 • Satyendra Dewangan S/o Late S. L. Dewangan, Aged About 33 Years Presently Working -Workshop Attended, R/o Ashok Vihar, Quarter No. A. V. -62, Science College Road Chatidih, Bilaspur, P. S. Sarkanda, Tahsil And District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Technical Education Mantralaya Capital Complex, Mahanadi Bhawan Naya Raipur District Raipur (Chhattisgarh)

2. Commissioner- Cum- Directorate Of Technical Education, Employment And Training Indrawati Bhawan Naya Raipur, District Raipur (Chhattisgarh)

3. Joint Director (Training), Department Of Industrial Training, Indrawati Bhawan Naya Raipur, District Raipur (Chhattisgarh).

4. Principal Adarsh Industrial Training Institute Koni, Bilaspur, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioner Shri A.K. Yadav, Advocate For Respondents/State Shri Vaibhav A. Goverdhan, Panel Lawyer SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 30/09/2016

1. The Petitioner has preferred the present Writ Petition challenging Annexure P/1, the confidential conduct report of the Petitioner for the year 2014-15 wherein the Grade 'Gha' Ghatiya (Grade 'D' Poor

mark) has been entered.

2. Against this adverse entry when the Petitioner was intimated he immediately made a representation before the Joint Director (Training) i.e. Respondent No.3 on 08.06.2016.

3. Without entering into the merits of the case learned Counsel for the Petitioner submits that his representation Annexure P/9 dated 08.06.2016 is pending consideration before the authorities and still it has not been decided. His purpose would be served if a direction is given to the authorities concerned to consider and decide the representation that he has preferred against the adverse remarks made in his Annual Confidential Report.

4. At this juncture learned State Counsel submits that the matter may be disposed of with a direction to Respondent No.3 to decide the representation Annexure P/9 in accordance with law.

5. The Said proposal of the learned State Counsel is acceptable to the Petitioner.

6. Accordingly, present Writ Petition is disposed off with a direction to Respondent No.3, the Joint Director (Training), Department Of Industrial Training, Raipur before whom Annexure P/9, representation against the adverse entry in the Annual Confidential Report has been made and is pending consideration, to pass a speaking order on the said representation made within a period of three months from the date of intimation of this order.

7. It is made clear in the event if the Joint Director finds that he is not

competent authority he should not keep the matter locked pending with him but he shall immediately forward the said representation of the Petitioner to the concerned competent authority who is empowered to decide the same.

8. With the aforesaid observation the Writ Petition stands disposed off. Sd/- (P. Sam Koshy) JUDGE kishore