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High Court Of ChhattisgarhWPS/6807/2021disposed off

Dr. Khemeshwar Panigrahi, v. The State Of Chhattisgarh

2021-12-10Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6807 of 2021 • Dr. Khemeshwar Panigrahi, S/o Late Sant Prasad Panigrahi, Aged About 48 Years Presently Working As Block Education Officer (B.E.O.), Block - Narayanpur, District - Narayanpur, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Principal Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur, Chhattisgarh

2. The Commissioner, Bastar Division, District - Bastar, Chhattisgarh

3. The Directortare Of Public Instruction (D.P.I.), Education Department, Indrawati Bhawan, Raipur, District - Raipur, Chhattisgarh

4. The Collector, Narayanpur, District - Narayanpur, Chhattisgarh

5. The District Education Officer (D.E.O.), Narayanpur, District - Narayanpur, Chhattisgarh ---- Respondents For Petitioner :

Shri Sushil Dubey, Advocate For State/ Respondents :

Ms. Abhyunnati Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10.12.2021 Heard

1. Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law. He further submits that his head quarter has also been changed which is contrary to the law laid down by this Court in WPS No. 2062 of 2016 (Panchu Ram Thakur Vs. State of C.G.) decided on 21.06.2021.

2. Learned State counsel submits that the order is appealable and the appeal would be maintainable.

3. Perused the documents and heard learned counsel for the parties.

-24. Be that as it may, considering the facts petitioner is at liberty to file an appeal within 30 days from today. The concerned authority is directed to decide the appeal within 45 days from the date of receipt of the appeal and since head quarter of the petitioner has been changed from Narayanpur to Kondagaon, the part of the order regarding change of headquarter shall remain stayed till the appeal is decided.

5. With the aforesaid observation, the petition stands disposed off. Sd/- (Sanjay K. Agrawal) Judge Jyoti