B.K.Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4758 of 2020

1. B.K.Thakur S/o Late Shri K.S. Thakur Aged About 38 Years R/o Kosharao Para, Near Main Bazar, Manpur, Tahsil And Police Station Manpur, District Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Agriculture, Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

2. Senior Agriculture Development Officer Office Of Senior Agriculture Development Officer, Manpur, Block Manpur, District Rajnandgaon, Chhattisgarh.

3. Sub Divisional Agriculture Officer Office Of Sub Division Agriculture Officer, Ambagarh Chowki, Police Station And Tahsil Ambagarh, District Rajnandgaon, Chhattisgarh.

---- Respondents For Petitioner : Shri Abhishek Pandey along with Ms.

Deepika Sannat, Advocates.

For State : Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.12.2020 Heard on admission.

1. The grievance of the petitioner in the present writ petition is the showcause notice dated 16.07.2020.

2. The ground of challenge in the present writ petition is the show-cause notice where the authorities concerned have already with a premeditated mind proposed the punishment, which would be inappropriate as it would amount to a post decision hearing by the authorities.

3. From the perusal of the records, it appears that the petitioner has

already submitted a reply to the respondents No. 2 in respect of the show-cause notice. Counsel for the petitioner submits that till date, the authorities have not taken any decision on the reply so submitted by the petitioner. At this juncture, the counsel for the petitioner prays for permission of filing an additional reply/representation to the respondent No. 2 in-connection-with the show-cause notice, which the authorities may consider and decide on its own merits.

4. To the limited relief sought for by the petitioner, the State counsel does not oppose.

5. In view of the submission so made by counsel for the parities, the present writ petition at this juncture is disposed of giving liberty to the petitioner to file an additional reply/representation to the respondent No. 2 pursuant to the show-cause notice dated 16.07.2020 and the respondent no. 2 in-turn is expected to take a decision on the showcause notice issued to the petitioner on its own merits after due consideration of the explanation/reply additional representation that the petitioner shall submit, in accordance with law without being influenced in any manner by the contents of the show-cause notice, particularly in respect of the punishment part.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha