Satish Kumar Kaushik v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3811 of 2021 • Satish Kumar Kaushik S/o Tejram Kaushik, Aged About 22 Years Upsarpanch Gram Panchayat Matang, Tahsil Patan, District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh,

2. Collector, Durg, District Durg Chhattisgarh,

3. Sub Divisional Officer, Revenue, Patan, District Durg (Chhattisgarh),

4. Chief Executive Officer, Janpad Panchayat Patan, District Durg Chhattisgarh.,

5. Tikeshwar Sahu S/o Santosh Kumar, Aged About 22 Years R/o Village Matang, Tahsil Patan, District Durg Chhattisgarh, ---- Respondents For Petitioner :

Mr. Praveen Dhurandhar, Advocate For State :

Mr. Rahul Jha, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.10.2021 Heard.

1. Learned counsel for the petitioner would submit that the petitioner has been removed by an order dated 25.08.2021 without giving any opportunity of hearing on the wild allegation which otherwise was required to be gone into by way of framing issues and recording of evidence. However, without giving any opportunity of hearing, the removal order was passed.

2. After perusal of the impugned order dated 25.08.2021 (Annexure P/1) it appears that the order is passed by the SDO which is appealable under the Chhattisgarh Panchayat Nirvachan Niyam 1995, therefore the petitioner may file an appeal within a period of three weeks. Meanwhile, the status quo as exists today shall be maintained with respect to the parties.

3. With the above direction/observation, the writ petition stands disposed off.

4. Registry is directed to return the certified copy of the impugned order Annexure P/1 to the petitioners after retaining a photocopy of the same. Sd/- (Goutam Bhaduri) Judge Vishakha