Surbhi Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 365 of 2016 Surbhi Mishra W/o Yagnyawalky Mishra, Aged About 40 Years R/o Satti Para, Ambikapur, District Sarguja Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh Through The Secretary Departmentof Panchayat And Social Welfare, Rural Development, Mahanadi Bhawan, Raipur Chahttisgarh

2. Collector, Surajpur Distt. Surajpur Chhattisgarh

3. Chief Executive Officer Zilapanchayat Surajpur, District Sarguja Chhattisgarh

4. Chief Executive Officer Janpad Panchayat Surajpur, District Sarguja Chhattisgarh

5. Selection Committee (Shiksha Karmi) Through Chairman, Janpad Panchayat Surajpur, Distt. Surajpur Chhattisgarh ------Respondents For Appellant:

Shri Shakti Raj Sinha, Advocate.

For State/Respondents No.1 & 2:

Shri Arun Sao, Deputy Advocate General.

For Respondent No.4:

Shri Shashank Thakur, Advocate.

Hon'ble The Chief Justice Hon'ble Shri Justice Sanjay Agrawal Order on Board Per Deepak Gupta, Chief Justice 23/11/2016 1.

On 3.8.2016, we had passed the following order. "..............................

The main grievance of the Appellant/Petitioner is that the State has no records. The case of the State is that one Chief Executive Officer connived with Petitioner and other similarly situated persons to give them appointment when there were no posts available. How can records be available with the State in these circumstances and how can the Petitioner who is alleged to have committed conspiracy in connivance with other co-accused claim production of records.

Further case against the Petitioner is that she has been given marks for experience, scoutguide and BTI for which she is not entitled to. If the Petitioner is entitled to any marks under any of these heads, nothing prevented the Petitioner from filing those documents. Those papers have neither been filed before the writ Court nor before us. The only reason why we are issuing notice is to ensure that the earlier orders of this Court are complied with.

Issue notice to the Respondents, returnable within three months.

..................................."

2.

We had issued notices in the appeal making it clear that we have done so to ensure that the earlier orders of this Court are complied with. Now reply has been filed which shows that criminal proceedings have been launched and they are pending before the concerned criminal Court. 3.

In view of above, nothing survives in this Appeal, which is accordingly dismissed.

Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE Priya