Sangita Tirky v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3495 of 2015 • Sangita Tirky D/o Shri Jairam Bhagat, Aged About 28 Years Teacher Panchayat Middle School Parsada Bade, Janpad Panchayat Sarangarh, Police Station Sarangarh, Civil And Revenue District Raigarh Chhattisgarh R/o C/o Manjeet Singh Kaushal, Dewangan Mohallah, Behind A T M Pratapganj, Tehsil & Police Station Sarangarh, District Raigarh Chhattisgarh ---- Petitioner

Versus

1. The State of Chhattisgarh Through Its Secretary Rural And Development Department Mahanadi Bhawan New Raipur Chhattisgarh

2. The Collector, Raigarh Chhattisgarh

3. The Chief Executive Officer, Jila Panchayat Raigarh Chhattisgarh

4. The Chief Executive Officer, Janpad Panchayat Sarangarh, District Raigarh Chhattisgarh

5. The Block Education Officer, Sarangarh District Raigarh Chhattisgarh

6. Smt. Nain Tara Singh Tomar, Aged About 32 Years Present Working As Chief Executive Officer Janpad Panchayat Sarangarh, Police Station Sarangarh, Civil & Revenue District Raigarh Chhattisgarh ---- Respondents For Petitioner :

Shri Akhilesh Kumar, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 29/09/2015

1. Petitioner is aggrieved by the order of suspension passed by the Janpad Panchayat, Sarangarh on 20.07.2015.

2. The impugned order is appealable under Rule 15 of the Chhattisgarh Panchayat Services (Discipline and Appeal) Rules, 1999.

3. In Union of India and Others v. Major General Shri Kant Sharma and Another1, the Supreme Court has held that when statutory remedy is available, High Court should not entertain the petition.

4. In view of the above, when statutory alternative remedy is available to the petitioner, the writ petition is not maintainable. Accordingly, the writ petition is dismissed as not maintainable, however, liberty is reserved in favour of the petitioner to prefer duly constituted appeal. Sd/- Judge Prashant Kumar Mishra ashu (2015) 6 SCC 773