Rajendra Chelake v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2313 of 2017 • Rajendra Chelake S/o Late Mohan Lal, Aged About 37 Years Ward Councilor, Ward No. 15, Nagar Panchayat Belha, District Bilaspur (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through : The Secretary, School Education Department, Mantralaya, Mahanadi Bhavan, New Raipur, District Raipur (Chhattisgarh)
2. Collector/District Magistrate, Bilaspur, District Bilaspur (Chhattisgarh)
3. President, District Panchayat Bilaspur, District Bilaspur (Chhattisgarh)
4. Block Development Education Officer, Development Block Education Office, Belha, District Bilaspur (Chhattisgarh)
5. Chief Executive Officer, Janpad Panchayat Belha, District Bilaspur (Chhattisgarh)
6. Chief Municipal Officer, Nagar Panchayat Bilha, District Bilaspur (Chhattisgarh)
7. Kumari Rekha Sai, D/o Chakradhar Pratap Sai, Shiksha Karmi Grade- Ill, Govt. Primary School, Keshala, Block Bilha, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioner Shri Uttam Pandey, Advocate For Respondent-State Ms. K. Tripti Rao, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/05/2017
1.
Petitioner is a councilor of Janpad Panchayat, Bilha. He has brought this petition seeking direction to the respondent Nos.1 to 6 to take disciplinary action against the respondent No.7, who is working as Assistant Teacher (Panchayat) at Government Primary School, Kesla, Block Bilha, District Bilaspur. The petitioner being an elected representative in the Janpad Panchayat, he can raise the issue before the appropriate committee or the executive body of the Janpad Panchayat. In a service matter, writ petition can be preferred by a person whose rights or entitlement as a government servant has been affected by any order or action of his employer or any other government servant. Qua the petitioner, the present is not a service matter which can be agitated by preferring a writ petition before this Court, as none of his rights have been infringed either by the respondent No.7 or by any other respondent. If any such writ petition is maintainable, the petitioner may file WP (PIL) or raise the issue before the Janpad Panchayat.
2.
The present writ petition is not maintainable. It is accordingly dismissed.
Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala