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High Court Of ChhattisgarhWPS/819/2017disposed off

Motilal Nishad v. State Of Chhattisgarh

2017-02-17Hon'Ble Shri Justice Sanjay K. Agrawal4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.817 of 2017 Roman Lal Vishvekaram, S/o Shri Khemraj Vishvekaram, aged about 41 years, R/o Village Parsada, Post-B, Jamgao, Tahsil Police Station & District Balod (CG).

---- 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) AND Writ Petition (S) No.819 of 2017 Motilal Nishad, S/o Shri Bhukau Ram Nishad, aged about 32 years, R/o Village Bhandarpur, Post Singangarh, Tahsil & P.S. Sahaspur Lohara, District Kabirdham (CG).

---- 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)

AND Writ Petition (S) No.822 of 2017 Smt. Bhuneshwari Sahu, W/o Shri Rukkuam Sahu, aged about 30 years, R/o Village & Post Parpodi, Tahsil Saja, Police Station Parpodi, District Bemetara (CG).

---- 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) AND Writ Petition (S) No.624 of 2017 Rishi Kumar Kurre, S/o Shri Bal Ranjit Kurre, aged about 31 years, R/o Village & Post Ghonta, Tahsil Police Station Dhamdha, District Durg (CG).

---- 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)

For Petitioner : Mr. Abhishek Pandey, Advocate.

For State/respondents : Mr. Gary Mukhopadhyay, Dy.G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/02/2017 (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 services of the petitioners under Rule 3 of Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 whereas, counsel for the petitioners 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, these cases may be disposed of in similar terms.

(3) Since the petitioners have remedy of filing an appeal before competent authority i.e. respondent No.2/Collector, Bemetara. (4) At this stage, learned counsel appearing for the petitioners submits that they 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 petitioners are permitted to prefer an appeal before the

respondent No.2 i.e. Collector, Bemetara. If such appeal is filed by the petitioners 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 petitioners along with copy of this order.

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

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