Rajkumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6157 of 2019 Rajkumar Yadav S/o Shri Panchram Yadav Aged About 51 Years R/o Village Taga, Janpad Panchayat, Akaltara, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector District Janjgir Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh

3. The Chief Executive Officer Janpad Panchayat, Akaltara, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. Bharat Rajput, Advocate For State :

Ms. Sunita Jain, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 19/08/2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 22.03.2019 whereby the petitioner has been inflicted with the order of termination from service.

2. At the outset, this court is not inclined to entertain the writ petition for the reason that order under challenge is an appealable order and petitioner without availing the remedy of departmental appeal has filed the present writ petition.

3. Reserving the right of the petitioner to prefer departmental appeal before the appellate authority, the present writ petition in its present form stands disposed off.

4. Subject to the petitioner preferring an appeal within a period of 15 days, the appellate authorities shall consider and decide the appeal on merits within a period of three months thereafter, ignoring the aspect of delay if any in filing of the appeal, considering the fact that order of punishment is one of termination.

Sd/- (P. Sam Koshy) Judge Rohit