Parvat Kumar Krishna v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3885 of 2020 • Parvat Kumar Krishna S/o Sarjuram Krishna Aged About 34 Years Presently Working As Panchayat Secretary In The Gram Panchayat- Hirri, Janpad Panchayat- Pamgarh, District- Janjgir Champa, Chhattisgarh, R/o Gram- Mekri, Post- Rasoda, Tahsil-Pamgarh, District- Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, New Raipur, DistrictRaipur, Chhattisgarh

2. The Collector, Janjgir-Champa, District- Janjgir-Champa, Chhattisgarh

3. The Chief Executive Officer, Zila Panchayat, Janjgir-Champa, DistrictJanjgir-Champa, Chhattisgarh

4. The Chief Executive Officer, Janpad Panchayat Pamgarh, District JanjgirChampa, Chhattisgar

5. Shri Rajkumar Kaiwartya Presently Working As Panchayat Secretary In The Gram Panchayat-Borsi, Janpad Panchayat-Pamgarh, District- JanjgirChampa, Chhattisgarh ---- Respondents For Petitioner :

Shri Tarendra Kumar Jha, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 01.10.2020 Heard.

1. Learned counsel for the petitioner would submit that the Panchayat Secretary has been transferred from Gram Panchayat, Hirri to Gram Panchayat, Borsi by the Cheif Executive Officer, Zila Panchayat, Janjgir Champa.

2. As per Section 91 of the C.G. Panchayat Raj Adhiniyam, 1993, an appeal or revision against the orders or proceedings of a Panchayat and other authorities shall lie to such authority as prescribed.

3. As per C.G. Panchayat (Appeal and Revision) Rules, 1995 against the order passed by the Zila Panchayat the appeal will lie before the

Commissioner, therefore, since alternative statutory remedy is available, I am not inclined to exercise the power under Article 226 of the Constitution of India.

4. Accordingly, the petition is liable to be and is hereby dismissed. Sd/- Goutam Bhaduri Judge Jyoti