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High Court Of ChhattisgarhWPS/5093/2018disposed off

K.P. Choudhary v. State Of Chhattisgarh

2018-08-21Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5091 of 2018 D.L.Bariha S/o Shri Parasram Bariha, Aged About 48 Years Working As A Assistant Development Extension Officer, Janpad Panchayat, Pithaura, District Mahasamund, Chhattisgarh, R/o Ward No. 8, Lahraud, Pithaura, District Mahasamund, Chhattisgarh ---- Petitioner

Versus

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

2. Development Commissioner, Chhattisgarh Indiravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh

3. Collector, Mahasamund, District Mahasamund, Chhattisgarh

4. Chief Executive Officer, District Panchayat, Mahasamund, District Mahasamund, Chhattisgarh

5. Deputy Director Panchayat, Mahasamund, District Mahasamund, Chhattisgarh ----Respondents WPS No. 5093 of 2018

1. K.P. Choudhary S/o Shri Lakhan Lal Choudhary Aged About 58 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Sankra, Tahsil Pithaura, District Mahasamund, Chhattisgarh. R/o Ward No. 03, Rajendra Prasad, Pithaura, District Mahasamund, Chhattisgarh.

2. Sukhcharan Chaturvedi S/o Late Santram Chaturvedi Aged About 48 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Gopalpur, Tahsil Pithaura, District Mahasamund, Chhattisgarh. R/o Ward No. 03, Rajendra Prasad, Pithaura, District Mahasamund, Chhattisgarh.

3. Umesh Kumar Dixit S/o Shri Suryanarayan Dixit Aged About 52 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Godbahal, Tahsil Pithaura, District Mahasamund, Chhattisgarh. R/o Old Basti Pithaura District Mahasamund, Chhattisgarh.

4. Gulab Shyamal S/o Late Ghanshyam Shyamal Aged About 53 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Pirda, Tahsil Pithaura, District Mahasamund, Chhattisgarh. R/o Village Sarai Patera, Post Rasoda, District Mahasamund, Chhattisgarh.

---- Petitioners

Versus

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

2. Development Commissioner, Chhattisgarh Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

3. Collector, Mahasamund, District Mahasamund, Chhattisgarh.

4. Chief Executive Officer, District Panchayat, Mahasamund, District Mahasamund, Chhattisgarh.

5. Deputy Director Panchayat, Mahasamund, District Mahasamund, Chhattisgarh ----Respondents WPS No. 5106 of 2018

1. Kaliram Madhukar S/o Shri Bohrik Ram Aged About 49 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Thakurdiyakhurd, Tahsil Pithaura, District Mahasamund, Chhattisgarh.

2. Dinesh Dixit S/o Late Shri Raj Kishor Dixit Aged About 53 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Kauhamuda, Tahsil Pithaura, District Mahasamund, Chhattisgarh.

3. Resham Lal Bharti S/o Late Shri Itwari Ram Aged About 46 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Sonasilli, Tahsil Pithaura, District Mahasamund, Chhattisgarh.

4. Subhash Pradhan S/o Shri Chakradhar Pradhan Aged About 52 Years Working As A Assistant Internal Account Exam And Taxation Officer Post At Pathrala, Tahsil Pithaura, District Mahasamund, Chhattisgarh.

---- Petitioners

Versus

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

2. Development Commissioner, Chhattisgarh, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

3. Collector, Mahasamund, District Mahasamund, Chhattisgarh.

4. Chief Executive Officer, District Panchayat Mahasamund, District Mahasamund, Chhattisgarh.

----Respondents For Petitioners :

Mr. Awadh Tripathi, Advocate For State :

Mr. R.K. Gupta, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/08/2018

1. The challenge in these three writ petitions is to the impugned order (Annexure P/1) whereby there is an order of punishment of stoppage of 2-3 increments with non-cumulative effect.

2. The said impugned order of punishment is an appealable order and it appears that the petitioners without availing the remedy of appeal have rushed to the High Court by filing the present writ petitions.

3. This Court does not intent to entertain into the merits of the case and disposes off the writ petitions only on the ground that the petitioners have an alternative efficacious remedy of appeal available to them.

4. Reserving the right of preferring an appeal against the impugned order before the Appellate authority within a period of 15 days from today, the writ petitions stand disposed off. On such appeals being made, the Appellate authority is expected to decide the same expeditiously in accordance with rules.

5. The writ petitions accordingly stand disposed off. Sd/- (P. Sam Koshy) Judge Ved