Avinash Kumar Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6370 of 2016 Avinash Kumar Mishra S/o Narendra Mishra, Aged About 29 Years Constable, Batch No. 546, R/o Kenabandh, Bauripara, Ambikapur, District Surguja (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Police (Home), Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur (Chhattisgarh)

2. Director General Of Police, Police Headquarter Raipur (Chhattisgarh)

3. Inspector General Of Police, Surguja Range, Ambikapur, Distt. Surguja, Chhattisgarh

4. Superintendent Of Police, Surguja, Ambikapur, Distt. Surguja, Chhattisgarh

5. Superintendent Of Police, Police Training School Rajnandgaon, District Rajnandgaon (Chhattisgarh) ---- Respondents For Petitioner : Shri V.K.Pandey, Advocate.

For State : Shri Dhiraj Wankhede, Government Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/11/2016 (1) Heard.

(2) Learned counsel appearing for the State/respondent submits that the impugned order dated 26.10.2015 (Annexure P-1) passed by respondent No.4 i.e. Superintendent

of Police, Surguja is appealable before the respondent No.3 i.e. Inspector General of Police, Surguja.

(3) At this stage, learned counsel appearing for the petitioner submits that the petitioner may be permitted to prefer an appeal before the appellate authority within a period of two weeks from today.

(4) The prayer appears to be fair and reasonable. (5) The writ petition is accordingly disposed of with a direction to the petitioner to prefer an appeal before respondent No.3 i.e. Inspector General of Police, Surguja. If such appeal is filed by the petitioner within a period of two weeks from today and, in turn, the said authority shall consider and decide the same in accordance with law preferably within a period of three months from the date of receipt of copy of this order along with appeal. Sd/- (Sanjay K. Agrawal) Judge L/-