Jagarnath Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3316 of 2021 Jagarnath Ram S/o Late Shri Kastoo Ram Aged About 56 Years R/o Satyam Vihar Colony, Near Old Gurukul School, Changorabhata, Raipura, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Scheduled Caste And Scheduled Tribe Welfare Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2.

Managing Director Chhattisgarh State Antyavyasai Sahakari Vitta Evum Vikas Nigam, Grih Nirman Vyavsayik Parisar, Sector 27, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3.

Secretary Chhattisgarh State Antyavyavsai Sahakari Vitta Evum Vikas Nigam, (T.R.I.) Bhawan, Second Floor, Sector-24, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4.

President Board Of Directors, Chhattisgarh State Antyavyasai Sahakari Vitta Evum Vikas Nigam, Grih Nirman Vyavsayik Parisar, Sector 27, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Ms. Naushina Afrin Ali, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/07/2021 1.

The limited relief that the petitioner prays for in the present writ petition is for an appropriate direction to the respondent No.4 to decide the departmental appeal that the petitioner has preferred against the order of punishment dated 19.02.2021.

2.

According to the petitioner, the rules governing the field Rule 28 provides for an appeal and the Board of Directors is an appellate body and the appeal has to be made within 30 days against an order of punishment. The petitioner in the instant case has already preferred an appeal on 24.03.2021, but the appeal till date is pending consideration before the respondent No.4, therefore a suitable direction be done. 3.

To the limited relief sought for, the State counsel does not have any objection. Though according to him the respondents No.2 to 4 is a separate body/entity in itself and it is they who have to take an appropriate decision.

4.

Given the said facts and circumstances of the case, particularly taking note of the fact that the departmental appeal of the petitioner is pending consideration before the respondent No.4 since 24.03.2021, the writ petition at this juncture stands disposed of directing the respondent No.4 to take an appropriate decision at the earliest preferably within a period of 45 days from the date of receipt of the copy of this order.

5.

It shall be the responsibility of the petitioner to apprise the respondents No.2 to 4, so far as the order passed by this Court is concerned. 6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved