Suryabhan Singh Raj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4538 of 2019 Suryabhan Singh Raj S/o Shri Mangal Singh, Aged About 58 Years R/o Makhanpur, Post Pali, Police Station Pali, District Korba Chhattisgarh, Civil And Revenue District Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue Naya Raipur, Chhattisgarh

2. Collector Korba, District Korba, Chhattisgarh

3. Sub Divisional Officer (Revenue) Katghora, District Korba Chhattisgarh ---- Respondents For Petitioner :

Mr. Ajay Mishra, Advocate For State :

Mr. Rahul Mishra, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.06.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 30.11.2018 passed by respondent no.3 whereby the services of the petitioner in the capacity of a Patwari have been dismissed.

2. It is an order passed under the provisions of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 which is an appealable order. The petitioner seems to have not availed the appealable remedy available to the petitioner and straightway filed

the present writ petition.

3. Under the circumstances, since there is a statutory alternative remedy available to the petitioner, the present writ petition in its present form would not be maintainable.

4. Reserving the right of the petitioner to prefer an appeal against the impugned order Annexure P-1 dated 30.11.2018, the present writ petition stands disposed of.

5. It is made clear that if the petitioner prefers an appeal before the appellate authority within a period of 30 days from today, the appellate authority in turn shall decide the appeal on its merit ignoring the aspect of limitation at the earliest, preferably within a period of 90 days from the date of receipt of the appeal of the petitioner. Sd/- P. Sam Koshy Judge Khatai