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High Court Of ChhattisgarhWPS/5099/2020rejected

Dev Prakash Dubey v. State Of Chhattisgarh

2021-01-12Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5099 of 2020

1. Dev Prakash Dubey S/o Ashok Kumar Dubey Aged About 33 Years R/o S.R. Mig 418 , South Gate, Near Park, Sector 29, Nawagaon, Parsatti, District Raipur Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary, Department of Higher Education , Block No. 3 , Second And Third Floor, Indrawati Bhawan, Mantralaya , New Raipur , Atal Nagar Raipur Chhattisgarh.

2. Commissioner Directorate Of Higher Education , Block No. 03, Second And Third Floor, Indrawati Bhawan, Mantralaya , New Raipur , Atal Nagar Chhattisgarh.

---Respondents For Petitioner :

Shri Yogeshwar Sharma, Advocate.

For State :

Ms. Akanksha Jain, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 12.01.2021 .

1. The challenge in the present writ petition is to the two show cause notices Annexure P/3 and P/4 dated 03.07.2020 and 05.11.2020 respectively.

2. At the outset, this court is of the opinion that the present writ petition at this juncture is premature for the reason that Annexure P/4 is a show cause notice proposing punishment of stoppage of two annual increments without cumulative effect.

3. The petitioner from the pleadings appears to have already submitted his detailed explanation vide Annexure P/5 dated 15.11.2020. Thereafter the respondents have till date not issued any final order. In the absence of the respondents having not issued a final order pursuant to Annexure P/4 dated 05.11.2020, the reply to which has also been submitted by the petitioner on 15.11.2020 (Annexure P/5), this court is of the opinion that the writ petition at this juncture would not be sustainable.

-24. Reserving the right of the petitioner to approach the court in the event if the final decision, which has to be taken by the respondents, is passed detrimental to the interest of the petitioner, if he is so aggrieved of, at that stage, the present writ petition in its present form stands rejected. Sd/- (P. Sam Koshy) Judge inder