High Court Of ChhattisgarhWPS/5867/2019disposed off

Sunil Kumar Awasthi v. State Of Chhattisgarh

2019-08-07Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5867 of 2019 Sunil Kumar Awasthi S/o Shri Jagdish Awasthi Aged About 43 Years Posted As Assistant Teacher (L. B. ) At Government Primary School Soripara, R/o Village Amlipadar, Tahsil Mainpur, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanandi Bhawan, Naya Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Collector Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh

3. District Education Officer Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh

4. Chief Executive Officer Zila Panchayat Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh

5. Chief Executive Officer Janpad Panchayat Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ishan Verma, Advocate For State :

Mr. Ayaz Naved, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 07/08/2019

1. The challenge in the present writ petition is to the enquiry report Annexure P-1.

2. This Court at the outset is of the opinion that writ petition at this juncture is too premature as it is well settled by a catena of decisions

that the Writ Court should not exercise their powers under Article 226 of Constitution of India at the stage of enquiry report.

3. It is expected that respondent authorities would give an opportunity of hearing to the petitioner before taking a final decision. It is also expected that respondent authorities before taking any decision would consider the contentions and the submissions which the petitioner would be bringing to its notice particularly in respect of the earlier judgment in this context by this Court and any other materials that would be brought to the notice of the authorities by the petitioner.

4. Reserving the right of the petitioner to approach this Court in the event of an adverse order being passed against the petitioner, the writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rohit