High Court Of ChhattisgarhWPS/6747/2019disposed off

Smt. Suman Rathore v. State Of Chhattisgarh

2019-09-02Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6747 of 2019 Smt. Suman Rathore W/o Shri Prakash Chandra Rathore Aged About 34 Years Posted As Assistant Teacher (L. B.), Govt. Primary School Harethi, Block Sakti, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

2. The Chief Executive Officer Zila Panchayat Janjgir District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

3. The Chief Executive Officer Janpad Panchayat Sakti District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

4. The District Education Officer Education Sakti, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ----Respondents For Petitioner :

Mr. Govind Dewangan, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02/09/2019

1. The challenge in the present writ petition is to the order Annexure P1 dated 15.05.2017 which is an order of punishment of stoppage of one annual increments with non-cumulative effect.

2. The present writ petition has been filed after about more than two years from the date of the impugned order was passed. The order of punishment is an appealable order under the service rules. Record does not reveal that the petitioner, at any point of time, has challenged the order of punishment before the appellate authority.

3. Thus, reserving the right of the petitioner to challenge the impugned order of punishment before the appellate authority, the present writ petition, in its present form, stands dismissed as not maintainable.

4. In case the petitioner prefers an appeal within a period of 30 days from the date of receipt of copy of this order, the appellate authority shall decide the same within a further period of 90 days thereafter. However, while deciding the appeal, the question of limitation may not come in the way of the authority and the appeal should be decided on its merits.

Sd/- (P. Sam Koshy) Judge Ved