High Court Of ChhattisgarhWPC/2729/2020disposed off

Prashant Kumar Kasar v. State Of Chhattisgarh,

2020-11-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2729 of 2020 • Prashant Kumar Kasar S/o Nand Kishore Kasar, Aged About 38 Years R/o Girdhari Nagar, Near Puliya, Tahsil And District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Industries (Information Technology), Mahanadi Bhavan Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh

2. Collector, Durg, District Durg Chhattisgarh ---- Respondents For Petitioner :

Shri Manish Upadhyay, Advocate For Respondents/State :

Shri Gagan Tiwari, GA Hon'ble Shri Justice Goutam Bhaduri Order 18/11/20

1. Heard.

2. Challenge in this petition is to the termination order of the petitioner dated 27.10.2020 passed by the Collector Durg, under the Chhattisgarh Citizen Service (Electronic Governance) Rules, 2003 (for short 'the Rules, 2003').

3. Learned counsel for the petitioner would submit that the petitioner's services were terminated without giving any opportunity of hearing which is against the rules of natural justice.

4. Per contra, learned State counsel opposes the same and would submit that the statutory alternative remedy is provided under Rule 14 of the Rules, 2003.

5. I have heard learned counsel for the parties and perused the order Annexure P1.

6. Rule 14 of the Rules, 2003 reads as under:- "14. Appeals against orders, decisions etc. of Collector.- Any person (s) aggrieved by any order(s), direction(s) etc. of Collector under these rules may appeal before the Competent Authority within thirty days of the date of knowledge of such order, decision etc. in the prescribed manner."

7. After perusal of the order Annexure P-1, which is a termination order, it shows that the termination has been passed under the Rules, 2003 and the Rule 14 thereof purports that against the order passed by the Collector, the appeal would lie before the competent authority. In view of the availability of the alternative remedy, the petitioner may avail the alternative remedy of filing appeal within a period of 30 days from today.

8. With the aforesaid observation, the writ petition stands disposed of. SD/-Sd/-- Goutam Bhaduri Judge Ashu