High Court Of ChhattisgarhWPS/4253/2020disposed off

Harnarayan Naik v. State Of Chhattisgarh

2020-10-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4253 of 2020 • Harnarayan Naik S/o Shri Nohar Singh Naik Aged About 32 Years Occupation Panchayat Secretary, Gram Panchayat Kanchanpur (B), Janpad Panchayat Baramkela, Presently Working At Gram Panchayat Marodarha, Janpad Panchayat Baramkela District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. The Collector District Raigarh Chhattisgarh.,

3. The Zila Panchayat Raigarh Through Its Chief Executive Officer, District Raigarh Chhattisgarh.,

4. The Janpad Panchayat Baramkela Through Its Chief Executive Officer, Janpad Panchayat, Baramkela, District Raigarh Chhattisgarh., ---- Respondents For Petitioner :

Mr. Roop Naik, Advocate For State :

Mrs. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order 29-10-2020

1. Heard.

2. Learned counsel for the petitioner submits that the petitioner while working as Panchayat Secretary at Gram Panchayat was

subjected to departmental enquiry and thereafter he was punished with stoppage of two increments with cumulative effect and after revocation of his suspension, he was posted at Gram Panchayat Kanchanpur (B), Janpat Panchayat Baramkela. He would further submit that the petitioner has not challenged the order of punishment, however, by interim order dated 18-6-2020 (Annexure P/1) his place of posting has been changed.

3. Since the order is passed under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, therefore, the petitioner may avail alternative remedy under Chhattisgarh Panchayats (Appeal and Revision) Rules 1995.

4. Learned counsel for the petitioner seeks permission of this court to withdraw this writ petition with liberty to avail alternative remedy available to him under the law.

5. Permission is granted.

6. Accordingly, the writ petition stands disposed of with the aforesaid liberty.

Sd/- (Goutam Bhaduri) Judge Raju