Sunil Kumar Agrawal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6819 of 2016 Sunil Kumar Agrawal S/o Ramawtar Agrawal, Aged About 40 Years Working As Assistant Teacher (Panchayat) Govt. Primary School Kendupati, Police Station And Block Devbhog, District Gariyaband (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhavan Mantralaya, New Raipur (Chhattisgarh)

2. Chief Executive Officer, Jila Panchayat, Gariyaband, District Gariyaband (Chhattisgarh)

3. Chief Executive Officer, Janpad Panchayat, Devbhog, District Gariyaband (Chhattisgarh)

4. Block Education Officer, Devbhog, District Gariyaband (Chhattisgarh)

5. Laxman Singh Manjhi ( H. M.), Govt. Primary School, Kendupati, Block Devbhog, District Gariyaband (Chhattisgarh) ---- Respondents For Petitioner :

Shri A.S. Rajput, Advocate, For State :

Shri Chandresh Shrivastava, Panel Lawyer For Respondent No.3 :

Shri Vinay Pandey, Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/07/2017 Heard.

1. Though the case is listed for orders on applications for vacating interim order/stay, learned counsel for the respondents concede that the order ought to be passed only by the Chief Executive Officer, Janpad Panchayat and not by the Block Education Officer. They state that in case necessity arises, the order of transfer shall be passed only by the Chief Executive Officer and the impugned order shall not be given effect to against the petitioner.

2. In view of the above submission made, this petition is finally disposed off with liberty to the competent authority to pass appropriate order. Sd/-/- (Manindra Mohan Shrivastava) Judge Praveen