Bhaskar Prasad Tiwari v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 4048 of 2021

1. Bhaskar Prasad Tiwari S/o Braj Kishor Tiwari Aged About 59 Years Presently Posted Assistant Grade II In Office of Deputy Director Agriculture, Baikunthpur, District - Korea Chhattisgarh. ---Petitioner(s)

Versus

1. State of Chhattisgarh Through - The Secretary, Agricultural Department Mantralaya Mahanadi Bhavan, Atal Nagar, New Raipur, District Raipur (Chhattisgarh)

2. Director Agriculture Directorate Iind Floor Indrawati Bhawan Naya Raipur (Chhattisgarh)

3. Joint Director Agriculture Division - Sarguja Ambikapur, District Sarguja (Chhattisgarh) ---Respondents For Petitioner :

Shri Hemant Kesharwani, Advocate.

For State :

Shri Ayaz Naved, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06.08.2021

1. The challenge in the present writ petition is to the impugned order dated 02.07.2021. Vide the said impugned order the services of the petitioner has been placed under suspension. After placing the petitioner under suspension, the headquarter of the petitioner also has been shifted from the office of Deputy Director, Agriculture, Baikunthpur, Koriya to the office of Deputy Director, Agriculture, Balrampur.

2. Considering the fact that the order is an appealable order under the provisions of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short, the Rules, 1966), it would not be appropriate at this juncture to entertain the writ petition when the petitioner has right to prefer an appeal.

3. Reserving the right of the petitioner to prefer an appeal the writ petition at this juncture can be disposed of directing the petitioner to prefer an

-2appeal within a period of 15 days from today. Accordingly, subject to petitioner's preferring an appeal, the appellate authority in turn is expected to take a decision on the appeal of the petitioner in accordance with rules, regulations and also appreciating the contents of the appeal at the earliest preferably within a period of 45 days from the date of receipt of appeal.

4. The appellate authority would also look into the grievance of the petitioner so far as changing of headquarter during the period of suspension is concerned.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder