1 INTHE HIGH COURT OFCHHATTISGARHAT BILASPUR WRIT PETITION (S) N0.7'°^ / 2009 PETITIONER RESPONDENTS ^'^^ ,':»» r^"' ^"'^ :Rajesh Ku. Tiwari S/o Late B.N.Tiwari Aged about 39 years, R/o Bharmhan Para, Beside Rest House, Dongargarh, Dist- Rajnandgoan (C.G) Versus 1) State of Chhattisgarh Through Secretary, Education Deptt. , D.K.S Bhawan, Raipur, Dist- Raipur (C.G) ....'.\--' .^••'' ..ta^'i y^^ ^"" -•:^ 2) Collector Rajnandgoan, Dist- Rajnandgoan ^ 3) District Education Officer " Collectorate, Rajnandgoan y _. . _... . . .. • 4)' Director Public Instruction; Education Department, Pension Bada, Raipur, Dist- Raipur WRIT PETITION UNDERARTICLE 226 OF THE CONSTlTUTION QF INDIA FOR ISSUANCE OF A SUITABLE WRIT ORDER OF DIRECTION TO DO JUSTICE IN THE MATTER. HIGH COURT OF CHHATTISGARH : BiLASPUR WRIT PETITION (S) N0.7066/2009 PETITIONER RESPONDENTS Rajesh Kumar Tiwari Versus Stateof Chhattisgarh andothers '(Writ Petition under Article 226 ofthe Constitution of India) Sinale Bench: Hon'ble Shri SatishK. Aanihotri. J. Present:- Shri H. S. Ahluwalia, counsei for the petitioner. Shri N. Naha Roy, Panel Lawyer for the State. ORAL ORDER (Passed on this 02 day of December, 2009) With the consent of learned counsel for the parties, the petition is heard finally. (3) Learned counsel appearing for the petitioner submits that the petjtjoner, who is working as Junior Auditor, Qffice of the District Education Officer, Rajnandgaon, impugns the order dated 28-08-2009 passed by the respondent No.2-Collector (Annexure P/1) whereby the petitioner was placed under suspension on the ground that he has issued transfer order of some employees working in the Education Department, District Rajnandgaon, without obtaining consent and approval of (he concerned Minister. Learned counsel further submits that no case has been made out against the petitioner, as he was not responsible for preparing the transfer list. Being aggrieved,the petitioner preferred an appeal before the State Government. (3) The State Government acting on the appeal preferred by the petitioner, wrote a letter to the Collector, Rajnandgaon on 08-10-2CX)9 (Annexure P/7) for submitting information and opinion in respect of the case of the petitioner. The petitioner has filed this writ petition without waiting for the decision of the appellate authority. (4) » It is well settled that extra-ordinary jurisdiction of the Writ Court has not to be exercised in a situation like this wherein appeal is still pending consideration. Oh 08-10-2009, the appellateauthority has already sent a communication to the Collector, Rajnandgaon for submitting information and opinion. The petitioner without waiting for the decision on his appeall has Tumane -2-- approached this Court. Thus, this writ petition is not maintainable as two paraliel proceedings cannot be allowed to continue and as such, this petition is pre-mature. (5) tn view of the foregoing, the writ petition is dismissed as being pre- mature. However, it is expected that the appeal pending before the State Government may be considered and decided, in accordance with law and on its own merits as expeditiously as possible preferably within a period 6f four weeks from the date of receipt of copy ofthis order. Sd/- Satish K. Agnihotri Judge