Gendlal Sahu v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 8474 OF 2018

1. Gendlal Sahu, S/o Shri Dayaram Sahu, aged about 40 years, R/o Village and Post Bhendri, Block Magarlod, District Dhamtari (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department of Panchayat, Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur (C.G.)

2. The Collector, Gariyaband (C.G.)

3. The District Education Officer, Gariyaband, District Gariyaband (C.G.)

4. The Head Master, Primary School, Kumhi, Through the Head Master, Primary School, Kumhi, District Gariyaband (C.G.)

5. Janpad Panchayat, Mainpur, Through the CEO, Janpad Panchayat, Mainpur, District Gariyaband (C.G.) ... Respondent(s) For Petitioner : ShriRajat Agrawal, Advocate.

For Respondent-State : Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.01.2019 1.

The challenge in the present writ petition is to the order AnnexureP/1 dated 29.12.2017 whereby the Chief Executive Officer, Janpad Panchayat, Mainpur, District Gariyaband has terminated the services of the petitioner.

2.

A perusal of the record would show that it is an appealable order and the appeal in the instant case lies to the Collector under Rule 3 of the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995. 3.

Given the fact that there is a statutory alternative remedy available to the petitioner, this Court is not inclined to entertain the present writ petition in its present form reserving the right of the petitioner to prefer an appeal before the appellate authority. In case the petitioner prefers an

appeal, the appellate authority shall decide the same in accordance with the rules within a stipulated period as has been stipulated in the rules. 4.

Accordingly, the present writ petition stands disposed off. 5.

No order as to costs.

Sd/- (P. Sam Koshy) Judge Priyanka