High Court Of ChhattisgarhWPS/3364/2020dismissed

Kunjram Banjare v. State Of Chhattisgarh

2020-10-12Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3364 of 2020 • Kunjram Banjare S/o Sonuram Banjarre, Aged About 61 Years Presently Posted Assistant Internal Auditor And Tax Officer, Janpad Panchayat Mungeli, District Mungeli Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhavan, Atal Nagar, District Raipur Chhattisgarh

2. Director, Directorate Department Of Panchayat And Rural Development Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh

3. Chief Executive Officer, Zila Panchayat, Mungeli, District Mungeli Chhattisgarh ---- Respondents For Petitioner :

Shri Hemant Kesharwani, Advocate For Respondents/State :

Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 12/10/20

1. Heard.

2. The instant petition is filed on the ground that the petitioner, who is working as Assistant Internal Auditor & Tax Officer, is not been assigned the job of audit by the Janpad Panchayat and the juniors have been given the work. Therefore, learned counsel for the petitioner would submit that he has made a representation to the Chief Executive Officer, Zila Panchayat Mungeli on 06.07.2020 and the same may be directed to be decided.

3. There is nothing on record to appreciate the fact that the petitioner even if a senior in the office, therefore, some official job is to be compulsorily assigned to him. Furthermore, the High Court shall not step into the shoes of the Chief Executive Officer that he should assign a particular job to the petitioner or likewise. During the course of submission it is submitted that the status of the petitioner has remained unchanged and neither the salary is been withheld nor he is been made junior. In view of this, simply because certain job has not been assinged, the powers under Article 226 of the Constitution of India cannot be invoked.

4. Accordingly, the petition sans merit is liable to be and is hereby dismissed. However, the petitioner shall be at liberty to make application before the appropriate authority.

SD/-Sd/-/- Goutam Bhaduri Judge Ashu