Virendra Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 6508 OF 2019 Virendra Kumar Yadav, S/o Shri Tilak Ram Yadav, aged about 34 years, posted as Assistant Teacher (L.B.) at Government Primary School Falsapara, R/o Village Nawapara, Tahsil Mainpur, District Gariyaband (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur. 2.

Collector, Gariyaband, District Gariyaband (CG) 3.

District Education Officer, Gariyaband, District Gariyaband (CG) 4.

Chief Executive Officer, Zila Panchayat, Gariyaband, District Gariyaband (CG) 5.

Chief Executive Officer, Janpad Panchayat, Mainpur, District Gariyaband (CG) ... Respondents For Petitioner :

Mr. Ghanshyam Kashyap, Advocate.

For Respondent-State :

Mr. P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28/08/2019 1.

Challenge in the present writ petition is to the enquiry report (Annexure P-1) submitted by the respondents.

2.

At the outset, this Court is of the opinion that in the light of WPS No. 1909/2017 decided on 24.4.2017 along with other connected matters, the present writ petition may not be sustainable as this Court on earlier round of litigation had granted the petitioner a liberty to approach this Court in the event of an adverse order being passed. There was also an interim protection given to the petitioner for a period of one month from the date the order would be passed.

3.

Given the aforesaid facts and circumstances of the case, this court is reluctant to entertain the present writ petition as of now. The petitioner would be at liberty to submit his reply to the enquiry report and also make submission to the authorities concerned who in turn shall take into

consideration the contentions which the petitioner raises in his defence both before the enquiry as well as in the written submission that he would be submitting to the concerned authority. Authorities concerned are also expected to take into consideration all these contentions before passing a final order.

4.

With the aforesaid observation, the present writ petition stands disposed of.

Sd/-/-d/- (P. Sam Koshy) Judge /sharad/