Kanhiya Lal Kanwar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2485 of 2017 • Kanhaiya Lal Kanwar S/o Shri Anjor Singh Kanwar, Aged about 60 Years, Posted as Headmaster, Government Middle School, Dumarpara, Block Sakti, District Janjgir- Champa (Chhattisgarh). ---- Petitioner
Versus
1. State of Chhattisgarh Through the Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, P.S. Rakhi, District Raipur (Chhattisgarh).
2. The Commissioner, Bilaspur Division, Bilaspur (Chhattisgarh).
3. The Director, Directorate of Public Instruction Chhattisgarh, Indravati Bhawan, New Raipur (Chhattisgarh).
4. The District Education, Sakti, District Janjgir- Champa (Chhattisgarh).
5. The Block Education Officer, Sakti, District Janjgir- Champa (Chhattisgarh). ---- Respondents WPS No. 2486 of 2017 • Dev Lal Dewangan S/o Shri Kushu Ram Dewangan, Aged about 56 Years, Posted as Headmaster, Government Middle School, Limtara, Block Sakti, District Janjgir- Champa (Chhattisgarh).
---- Petitioner
Versus
1. State of Chhattisgarh Through the Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, P.S. Rakhi, District Raipur (Chhattisgarh).
2. The Commissioner, Bilaspur Division, Bilaspur (Chhattisgarh).
3. The Director, Directorate of Public Instruction Chhattisgarh, Indravati Bhawan, New Raipur (Chhattisgarh).
4. The District Education, Sakti, District Janjgir- Champa (Chhattisgarh).
5. The Block Education Officer, Sakti, District Janjgir- Champa (Chhattisgarh). ---- Respondents WPS No. 2488 of 2017 • Mahettar Lal Netam S/o Shri Mukhru Ram Netam, Aged about 53 Years, Posted as Headmaster, Government Middle School, Suwadera, Block Sakti, District Janjgir- Champa (Chhattisgarh).
---- Petitioner
Versus
1. State of Chhattisgarh Through the Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, P.S. Rakhi, District Raipur (Chhattisgarh).
2. The Commissioner, Bilaspur Division, Bilaspur (Chhattisgarh).
3. The Director, Directorate of Public Instruction Chhattisgarh, Indravati Bhawan, New Raipur (Chhattisgarh).
4. The District Education, Sakti, District Janjgir- Champa (Chhattisgarh).
5. The Block Education Officer, Sakti, District Janjgir- Champa (Chhattisgarh). ---- Respondents And WPS No. 2490 of 2017 • Rohit Kumar Patel S/o Shri Kashiram Patel, Aged about 60 Years, Posted as Headmaster, Government Middle School, Tendutoha, Block Sakti, District Janjgir- Champa (Chhattisgarh).
---- Petitioner
Versus
1. State of Chhattisgarh Through the Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, P.S. Rakhi, District Raipur (Chhattisgarh).
2. The Commissioner, Bilaspur Division, Bilaspur (Chhattisgarh).
3. The Director, Directorate of Public Instruction Chhattisgarh, Indravati Bhawan, New Raipur (Chhattisgarh).
4. The District Education, Sakti, District Janjgir- Champa (Chhattisgarh).
5. The Block Education Officer, Sakti, District Janjgir- Champa (Chhattisgarh). ---- Respondents --------------------------------------------------------------------------------------------------------- For Petitioner(s) :- Shri Jeet Patel, Advocate.
For the State/Respondents :- Shri Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------------- SB: Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 31-05-2017
1. Heard.
2. Since these writ petitions are of similar nature, they are being decided by this common order.
3. All the petitioners in the respective writ petitions are employed in the Education Department of State Government. On the basis of separate departmental enquiry held against each of the petitioners, the
Disciplinary Authority penalised the petitioner(s) by imposing penalty by which two increments of the petitioners have been withheld without cumulative effect, which has been challenged.
4. The order under challenge is appealable under Rule 23 of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966. Hence, in view of the said provision, the writ petitions are not maintainable.
5. Accordingly, all the Writ Petitions are dismissed as not maintainable. However, the petitioners shall be at liberty to assail the impugned order before the appellate authority within a period of 30 days from today. Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Kvr