High Court Of ChhattisgarhWPS/6462/2018disposed off

Sanjay Dubey v. State Of Chhattisgarh

2018-09-28Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6462 of 2018 Sanjay Dubey S/o Late Shri Markandey Dubey Aged About 52 Years Working On The Post Of Acting CEO, Janpad Panchayat, Lundra District Surguja, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Schedule Tribes And Scheduled Caste Development, Ministry At Mahanadi Bhawan, New Raipur, P. S. Rakhi, District Raipur, Chhattisgarh.

2. Commissioner Schedule Tribes And Schedule Caste Development Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat Ambikapur, District Surguja, Chhattisgarh.

4. Collector Ambikapur, District Surguja, Chhattisgarh.

5. Suraj Prasad Gupta Circle Organiser In The Office Of Assistant Commissioner, Tribal Development Department, Jashpur, District Jashpur, Chhattisgarh.

----Respondents For Petitioner :

Mr. Rakesh Kumar Jha, Advocate For State :

Mr. Dheeraj Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 28/09/2018

1. The challenge in the present writ petition is to the order Annexure P/1 dated 27.08.2018, whereby an order has been issued replacing the petitioner from the post of incharge Chief Executive Officer, Janpad Panchayat, Lundra and in his place, the respondent No.5 has been brought in, again in the same capacity as an incharge Chief Executive Officer.

2. The contention of the petitioner is that the petitioner and the respondent No.5 are similarly placed and the petitioner was senior to the respondent No.5 and that the petitioner was already given the

charge, which he had assumed, therefore the respondents could not have disturbed the position of the petitioner by replacing him by another incharge Chief Executive Officer.

3. Given the said facts and circumstances of the case, let the petitioner make a detailed representation to the respondent No.1 in this regard within a period of 15 days from the date of receipt of the certified copy of this order raising all his grievances and the respondent No.1 in turn shall take a decision at the earliest on the said representation.

4. Till the representation is decided, the respondents are directed to maintain status quo as it exists today, so far as the status of the petitioner is concerned.

5. With the aforesaid observations, the writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved