Rajesh Kumar Sarthi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3345 of 2020 • Rajesh Kumar Sarthi S/o Late Baderam Sarthi Aged About 35 Years R/o Village Bade Dumarpali, Post Pamgarh, Tahsil Kharsia, District Raigarh Chhattisgarh ---- Petitioner

Versus

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

2. The Chief Executive Officer Zila Panchayat, Raigarh District Raigarh Chhattisgarh ---- Respondents For Petitioner :

Mr. Prabhat Kumar Saxena, Advocate For State :

Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 25.08.2020

1. Heard

2. The challenge in the present writ petition is to the order dated 24.07.2020 issued by the respondent No. 2 whereby the petitioner, who was working on the post of Gram Panchayat Secretary at Janpad Panchayat Aurada Distt. Raigarh(C.G.), was suspended and was placed at Janpad Panchayat Kharsia. Learned counsel for the petitioner submits that the suspension has been done on the basis of false allegation and no subsistence allowance has been paid to the petitioner.

3. Perusal of the order dated 24.07.2020 (Annexure P/1) which is under challenge shows that the said order has been passed under the

Chhattisgarh Panchayat Service (Discipline and Appeal) Rules 1999 (henceforth 'the Rule 1999'). Since the order has been passed by the Zila Panchayat and according to the Appendix of Rule 15 of the Rule 1999, the appeal would lie to the Divisional Commissioner. In view of this, since the alternative or efficacious statutory remedy is available to the petitioner, I am not inclined to invoke the jurisdiction under Article 226 of the Constitution of India.

4. Accordingly, the writ petition stands dismissed.

5. The petitioner shall be at liberty to approach the appropriate forum. Sd Sd/-- (Goutam Bhaduri) Judge Vishakha