Ramesh Lal Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 796 of 2016 Ramesh Lal Patel S/o Ganga Prasad Patel, Aged About 53 Years Working As Upper Division Teacher, At Upper Primary School, Bonda, District Mahasamund (Chhattisgarh) ---- Petitioner

Versus

1.

State Of Chhattisgarh Through, The Secretary, Department Of Education, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur (Chhattisgarh) 2.

Collector, Mahasamund, District Mahasamund (Chhattisgarh) 3.

District Education Officer, Mahasamund, District Mahasamund (Chhattisgarh) 4.

Shantibhushan Bhoi Teacher (Panchayat) Govt Higher Secondary School Bhalukona Block Saraipali District Mahasamund (Chhattisgarh) ---- Respondents Shri Ajay Shrivastava, counsel for the petitioner/s. Shri Manish Nigam, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/07/2017 Learned counsel for the petitioner submits that vide order dated 03/09/2015, the petitioner was declared surplus and transferred to Primary School, Bonda. The petitioner joined on 10/09/2015. However, thereafter, on representation of respondent No.4, petitioner's posting was cancelled without hearing the petitioner. Learned State counsel submits that for valid reasons, cancellation has taken place.

This Court had passed an interim order on 14/03/2016 that no coercive steps shall be taken against the petitioner until further orders. Considering the submission that interim order has remained in force for the last one year, I deem it expedient to dispose off the matter with a direction that the Collector shall provide opportunity of

hearing to the petitioner and thereafter, fresh order may be passed. Till the matter is considered and decided as directed above, the impugned order shall not be given effect to against the petitioner. Sd/- (Manindra Mohan Shrivastava) Judge Deepti