Amarnath Katiyar v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 34 of 2015 Amarnath Katiyar, S/o Shri Ujagar Lal Katiyar, aged about 44 years, Presently Assistant Grade-III, Office of Chief Electoral Officer, Indravati Parisar, Old Mantralaya, Raipur (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, General Administration Department, Naya Mantralaya, Mahanadi Bhawan, Raipur, District Raipur (CG)

2. The Chief Electoral Officer, Indravati Khand, Old Mantralaya, Raipur (CG)

3. Deleted.

4. Deleted.

5. Election Commission of India, Through the Secretary, Ashoka Road, New Delhi.

---- Respondent For Petitioner : Shri P.R. Patankar, Advocate.

For Respondents 2 & 5 : Shri Samir Shrivastava, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/08/2015

1. Considering the nature of pleadings and the relief prayed for, the application IA No.1/2015 for deleting the names of respondent Nos.3

and 4 is allowed. Let necessary corrections in the cause title be made during the course of the day.

2. The petitioner has preferred this writ petition challenging the order passed by the disciplinary authority i.e. the Chief Electoral Officer, Chhattisgarh, respondent No.2, imposing punishment of reversion from the post of AG-II to the post of AG-III.

3. Admittedly, the order under challenge is appealable under Rule 23 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short 'the Rules') and the petitioner has in fact availed the said remedy.

4. Considering the legal position that two parallel proceedings are not permissible, the writ petition is disposed of with a direction that the Appellate Authority before whom the petitioner's appeal is pending consideration shall do well to dispose of the appeal at the earliest, preferably within a period of 3 months from the date of presentation of certified copy of this order.

Sd/- Judge (Prashant Kumar Mishra) Barve