Gopal Prasad Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 443 of 2015 Gopal Prasad Dubey S/o Late Rasik Lal Dubey, aged baout 56 years, R/o Daroga para, Near Laxman Sangeet Mahavidyalay, Thana Kotwali Raigarh, District Raigarh, Chhattisgarh.

---- Appellant

Versus

1.

State of Chhattisgarh, Joint Director, Urban Administration and Development Department, Regional Office, Bilaspur, Chhattisgarh. 2.

Director, Urban Administration & Development Department, Naya Raipur, Chhattisgarh ---- Respondents For Appellant :

Shri Vinod Deshmukh, Advocate.

For Respondents/State :

Shri B. Gopa Kumar, Deputy Advocate General.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Judgment on Board Per Navin Sinha, Chief Justice 22/09/2015 1.

The present appeal arises from order dated 10.8.2015 declining to interfere with the order of suspension passed against the Appellant. 2.

We have heard Learned Counsel for the parties and are not satisfied to entertain the appeal as the Appellant has adequate alternative statutory remedy to prefer an appeal under Rule 23 of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter called 'the Rules'). 3.

If the Appellant files such an appeal, the appellate authority shall consider the same appropriately also under the proviso to Rule 25 of the Rules and decide it on merits without being influenced by our reluctance to entertain

the appeal only on the ground for availability of an alternative statutory remedy.

4.

Learned Counsel for the Appellant is unable to assist us if charges have been served or not till date. It shall be open for the appellate authority to keep that aspect also in mind while considering the appeal. 5.

The writ appeal stands disposed.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu