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High Court Of ChhattisgarhWPS/875/2015disposed off

R.K. Rathore v. State Of Chhattisgarh And ANR.

2015-03-18Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 875 of 2015 R.K.

Rathore, S/o Shri Raghunath Prasad, Aged About 58 years, Posted as In-charge Executive Engineer Rular Engineering Service, Mungeli, Police Station Mungeli, Revenue And Civil District Mungeli (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Panchayat and Rular Development Mahanadi Bhawan, New Mantralaya, Raipur (Chhattisgarh)

2. The Superintendence Engineer Rular Engineering Service, Vikash Bhawan Raipur, Distt.

Raipur (Chhattisgarh) ---- Respondents For Petitioner :- Shri Sandeep Dubey, For Respondents :- Shri Adil Minhaj, PL Hon'ble Shri Justice P. Sam Koshy Order On Board 18/03/2015 1.

Without entering into the merit of the case and conscious of the fact that there is a provision of an appeal.

2.

Counsel for the petitioner submits that he may be permitted to withdraw the instant writ petition at this juncture with a liberty to prefer an appeal on account of the impugned order before Appellate Authority and further seeks a direction to the Appellate Authority that in the event the petitioner prefer an appeal, the Appellate Authority may consider the appeal within the stipulated period, taking into consideration all the ground raised in the appeal.

3.

The State Counsel does not have any objection in this regard.

4.

Accordingly, the instant writ petition is dismissed with a liberty to the petitioner to approach the Appellate authority by preferring an appeal within two weeks from today and in turn the appellate authority should take decision in the appeal preferred by the petitioner objectively within the prescribed period under the service rules. 5.

The instant writ petition stands disposed of accordingly. JUDGE Santosh