Bali Ram Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 577 of 2016 Bali Ram Netam S/o Shri Mangru Ram Netam, Aged About 32 Years R/o Village Ghotpal, Tahsil Geedam, District South Bastar, Dantewara, (Chhattisgarh) ---- Appellant

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat Department, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Deputy Director, Panchayat & Social Welfare, Dantewara, District South Bastar (Chhattisgarh)

3. Gram Panchayat Ghotpal, Janpad Panchayat Geedam, District South Bastar, Dantewara, (Chhattisgarh)

4. Chief Executive Officer, Janpad Panchayat Geedam, District South Bastar, Dantewara, (Chhattisgarh) ---- Respondents For Appellant : Shri Praveen Das, Advocate.

For Respondent/State : Shri Prafull N. Bharat, Additional Advocate General. Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Justice Sanjay Agrawal Order on Board Per Deepak Gupta, Chief Justice 20/12/2016 1.

This writ appeal is directed against the order dated 28.3.2016 whereby the Writ Petition (S) No.5868 of 2007 was dismissed mainly on the ground that delay of 31⁄2 years in filing the petition had not been explained and therefore, the impugned order did not warrant any interference. 2.

In the impugned order, it is also noted that the Respondents have taken specific objection with regard to delay and availability of alternative remedy of appeal. It is also submitted by the State that subsequently the Petitioner had been removed from the post of Secretary. The removal from the post of Secretary gives a separate cause of action. If there is any remedy available to the Petitioner to challenge his removal, he may approach appropriate forum in accordance with law. 3.

With these observations, writ appeal stands disposed of. Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) Chief Justice Judge Anu