High Court Of ChhattisgarhWPS/949/2016allowed

Girish Kumar Banskar v. State Of Chhattisgarh

2016-03-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. ( S ) No.

of 201 Girish Kumar Banskar, S/o Shri Prem Lal Banskar, aged about 40 years, R/o- Village-Bhathapara (Kodebod), Post & ThanaKurud, District Dhamtari (C.G.) ---- Petitioner

Versus

1. State of Chhatisgarh, Through: The Secretary, School Education Department, Mahanadi Bhawan, New Raipur (C.G.)

2. Chief Executive Officer, Zila Panchayat, Dhamtari, District Dhamtari (C.G.)

3. The Collector, Dhamtari District Dhamtari (C.G.)

4. District Education Officer, Dhamtari, District- Dhamtari (C.G.)

5. Block Education Officer, Block-Kurud, District - Dhamtari (C.G.)

6. Shri Ganga Prasad Sah, Assistant Teacher (Panchayat), Govt. Primary School, Kodebod, Post & Thana-Kurud, District Dhamtari (C.G.)

7. Shri Yogesh Kumar Chandrakar, Assistant Teacher (Panchayat), Govt. Primary School, Kodebod, Post & Thana-Kurud, District - Dhamtari (C.G.) ---- Respondents For Petitioner :Mr. Somkant Verma, Advocate. For Respondents/State :Mr. Dhiraj Kumar Wankhede, GA Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 3 /201 Heard.

(1) Learned counsel appearing for the petitioner would submit that this Court by order dated 6.11.2015 passed in W.P. (S) No.4104/2015 directed the Collector, Dhamtari to take decision on the representation of the petitioner but the decision has been taken by the District

Education Officer, Dhamtari, which is said to be approved by the Collector, Dhamtari, which is impermissible in law. (2) After hearing learned counsel for the petitioner,I am of the opinion, that such a course is impermissible in law and the Collector, Dhamtari ought to have considered representation as directed by this Court on 6.11.2015.

(2) Accordingly, the writ petition is allowed. The order dated 15.02.2016 passed by the District Education Officer, Dhamtari is set aside and it is directed that the Collector, Dhamtari shall decide the representation of the petitioner in accordance with law expeditiously preferably within a period of four weeks from the date of receipt of copy of this order.

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