Yogeshwari Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS NO. 7675 OF 2019 Yogeshwari Dhruv S/o Shri Roopnarayan Dhruv Aged About 24 Years Posted As Gram Rozgar Sahayak R/o Village Tawarbahra P.O. Nahargaon District Gariyaband Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development Mantralaya Mahanadi Bhawan Atal Nagar P.O. And P.S. Rakhi District Raipur Chhattisgarh

2. Chief Executive Officer (Mgnrega) Janpad Panchayat Gariyaband District Gariyaband Chhattisgarh,

3. Gram Panchayat Dumarbahara Through Its Secretary Gram Panchayat Dumarbahara Tahsil And District Gariyaband Chhattisgarh ... Respondents For Petitioner : Mr. Anish Tiwari, Advocate.

For State : Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24/09/2019

1. The challenge in the present writ petition is to the order (Annexure P1) 30.08.2019, the impugned order is only a show-cause notice seeking for explanation from the petitioner so far as his appointment is concerned. It is expressed in the show-cause notice that perhaps appointment of the petitioner was not proper or not in accordance with the Rules and Regulations and the petitioner has been called upon to give his explanation on the said appointment and the nature of appointment.

2. So far as the law in respect of show-cause notice is concerned, it is well settled that the High Court under Article 226 would not substitute itself as a fact finding Agency or an Authority which would itself conduct a roving enquiry into the allegations. Since, petitioner has been called upon to give his explanation, it is expected that petitioner

would give his detailed explanation to the show-cause notice and the authorities concerned are expected to consider the contention of the petitioner that the petitioner would raise in his explanation and thereafter, if required proceed further in accordance with law.

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

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