Anita Bhoi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5906 of 2018 Anita Bhoi W/o Shri Mukesh K. Budek, Aged About 30 Years, R/o Post Barnaidadar, P. S. Sankra, Tehsil Pithora, District Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Panchayat, Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh

2. The Collector, District Mahasamund, Chhattisgarh

3. Chief Executive Officer, Jila Panchayat Mahasamund, District Mahasamund, Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Basna District Mahasamund, Chhattisgarh ---- Respondents For Petitioners :

Shri Sharad Mishra, Advocate For State :

Shri R. K. Gupta, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 10.09.2018

1. The challenge in the present writ petition is to the order dated 29.06.2018 whereby under the provisions of Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 the petitioner has been terminated from service.

2. The said order is an appealable order under the aforesaid rules and the appeal would lie to the Collector.

3. Given the fact that since there is a statutory alternative remedy

available to the petitioner, this Court is not inclined to entertain the writ petition at this juncture. However, the petitioner would be at liberty to prefer an appeal to the appellate authority and on preferring an appeal, the appellate authority would decide the same as expeditiously as possible.

4. With the aforesaid direction, the writ petition stands dismissed as not maintainable.

Sd/- P. Sam Koshy Judge Bhola