Dhan Singh Rathore v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9229 of 2019 • Dhan Singh Rathore S/o Shri Hira Singh Rathore Aged About 52 Years Presently Posted As Assistant Grade Iii , Janpad Panchayat , Gaurela, District - Bilaspur Chhattisgarh. R/o Pendra Road, P.S. Gaurela, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary Panchayat And Social Welfare Department , Mahanadi Bhawan , Mantralaya, New Rajdhani, P.S. Rakhi, Tahsil And District Raipur Chhattisgarh

2. The Collector, Bilaspur, District : Bilaspur, Chhattisgarh

3. State Of Chhattisgarh Through Sub Divisional Officer Revenue, Pendraroad, District : Bilaspur, Chhattisgarh

4. The Chief Executive Officer Janpad Panchayat, Gaurela, District : Bilaspur, Chhattisgarh

5. The Chief Executive Officer Janpad Panchayat Masturi, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Rajat Agrawal, Advocate For Respondents/ State :

Ms. Binu Sharma Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/11/2019

1. Heard.

2. The present order has been passed by the CEO, Janpad Panchayat, Bilaspur, whereby the petitioner has been transferred from Janpad Panchayar, Gaurela to Janpad Panchayat, Masturi.

3. It is contended that earlier the petitioner has made some allegations against

the CEO and on inquiry, it was found to be correct and as such the petitioner has been transferred. It made clear that the Chhattisgarh Panchayat Nirvachan Niyam, 1995, provides that if any order has been passed by the Janpad Panchayat, the same shall be appealable before the Commissioner. Consequently, the petitioner may assail the remedy under Section 3 of the Rules of 1995 before the appropriate forum.

4. I am not inclined to exercise the jurisdiction under Article 226 of the Constitution of India, since, the alternative remedy is available to the petitioner.

5. Accordingly, the petition stands dismissed. Sd/- (Goutam Bhaduri) Judge Yasmin