Jaimangal Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6867 of 2018 Jaimangal Ram S/o Shri Ramlal Aged About 32 Years Caste Majhi (Reserved Schedule Tribe), Occupation- Panchayat Secretary (Terminated) R/o Village Kotchhal, Post Jamkani, Tahsil- Seetapur District Surguja Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Social Welfare Department, Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.

2. The Collector Ambikapur , District- Surguja Chhattisgarh.

3. The Chief Executive Officer Janpad Panchayat Seetapur, District Surguja Chhattisgarh.

4. The Chief Executive Officer Janpad Panchayat Seetapur, District Surguja Chhattisgarh.

----Respondents For Petitioner :

Mr. Sunil Tripathi, Advocate For State :

Mr. Dheeraj Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 12/10/2018

1. The challenge in the present writ petition is to the order Annexure P/1 dated 09.07.2018 whereby the services of the petitioner has been terminated invoking the powers under the Panchayat Raj Adhiniyam and also the Panchayat Services (Discipline and Appeal) Rules, 1999.

2. The order impugned in this case is an appealable order under the aforesaid statutes. Reserving the right of the petitioner to prefer an appeal, the present writ petition stands disposed off.

3. The petitioner is directed to prefer an appeal before the Appellate authority within a period of 4 weeks from today, and the petitioner would also be at liberty to raise the question of competency of the authorities so also the jurisdiction of the authority of the officer who has passed the

order of termination. On such contention being made the Appellate authority would decide the same objectively by a reasoned order within a further period of 60 days from the date of receipt of the appeal.

4. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved