Krishna Bihari Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4629 of 2021 Krishna Bihari Singh S/o Shri Balram Singh Aged About 46 Years Pesha, Sahayak Shikshak / Lb Shas. Prathamik Shala, Mahuapara, Niwasi Gram Mahuapara / Kewara Vikaskhand - Bhaiyathan, Jila Surajpur Chhattisgarh. ---- Petitioner

Versus

1.

State Of Chhattisgarh Through Sachiv School Shiksha Vibhag, Mantralaya Naya Raipur Chhattisgarh.

2.

Sanchalak Lokshikshan Sanchanalay Chhattisgarh Naya Raipur, Jila Raipur Chhattisgarh.

3.

Sanyukt Sanchalak Karyalay Sambhagiya Sanyukt Sanchalak Lokshikshan Surguja, Ambikapur, Jila Surguja Chhattisgarh. 4.

Collector Surajpur, Jila Surajpur Chhattisgarh. 5.

Jila Shiksha Adhikari Jila Surajpur Chhattisgarh. 6.

Vikaskhand Shiksha Adhikari Vikaskhand Bhaiyathan Jila Surajpur Chhattisgarh ----Respondents For Petitioner :

Mr. Abdul Wahab Khan, Advocate For State :

Mr. Shubham Verma, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 02/09/2021 1.

Challenge in the present writ petition is to the impugned order Annexure P/1 dated 17.08.2021. Vide the said order the services of the petitioner has been placed under suspension on the alleged ground of misconduct.

2.

Prima-facie, this Court is of the opinion that the order under challenge is an appealable under Rule 23 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. 3.

Since the petitioner has a statutory alternative remedy available, it would not be appropriate for the High Court at this juncture to

entertain the writ petition. Reserving the right of the petitioner to prefer a departmental appeal under Rule 23, the present writ petition at this juncture stands disposed of. Subject to the petitioner preferring an appeal, the Appellate Authority is expected to take a decision on its own merits within the period of time as stipulated in the statutes. 4.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved