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High Court Of ChhattisgarhWPS/601/2017disposed off

Ved Prakash Singh Rajput v. State Of Chhattisgarh

2017-02-06Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.601 of 2017 Ved Prakash Singh Rajput S/o Shri Sukhnandan Singh Rajput, Aged About 35 Years R/o Village And Post Bhatgaon, Tahsil Saja, Police Station Parpodi, Bemetara, Distt Bemetara, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education & Panchayat, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur (Chhattisgarh)

2. Collector, Office Of Collectorate, Bemetara, Distt. Bemetara, (Chhattisgarh)

3. Chief Executive Officer ( C. E. O.) Zila Panchayat Bemetara, Distt. Bemetara, (Chhattisgarh)

4. Chief Executive Officer ( C. E. O.), Janpad Panchayat, Office Of Janpad Panchayat, Saja, Distt. Bemetara, (Chhattisgarh) ---- Respondents For Petitioner : Mr. Abhishek Pandey, Advocate.

For State/respondents : Mr. Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/02/2017 (1) Heard.

(2) Learned counsel appearing for the State/respondents submits that by the impugned order dated 11.01.2017 passed by respondent No.4 i.e. Chief Executive Officer, Janpad Panchayat, Saja has terminated the service of the petitioner under Rule 3 of Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 whereas, counsel for the petitioner submits that one similar

case has already been decided by this Court vide order dated 15.07.2015 passed in WP(S) No.1846/2011 (Prakash Chand Soni Vs. State of Chhattisgarh and Others) and therefore, this case may be disposed of in similar terms.

(3) Since the petitioner has remedy of filing an appeal before competent authority i.e. respondent/Collector, Bemetara. (4) At this stage, learned counsel appearing for the petitioner submits that he may be permitted to prefer an appeal before respondent No.2 i.e. Collector, Bemetara within a period of four weeks from today.

(5) The petitioner is permitted to prefer an appeal before the respondent No.2 i.e. Collector, Bemetara. If such appeal is filed by the petitioner within a period of four weeks from today and, in turn, the said authority shall consider and decide the same under Rule 7 of Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 after hearing of all the parties preferably within a period of three months from the date of receipt of appeal of the petitioner along with copy of this order.

(6) With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-