Single‘genc’h ( ’C IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR. WRIT PETITION NO. §Zé OF 2005 PETITIONER : /Smt. MadhuriTirkey, aged about v?“ 81 years W/o Shri Rajesh Karihar posted as Rural Agriculture Extension Officer (RAEO) at Setganga« Mungeli Distt. Bilaspur. H‘g / I / \ (Co) VERSUS RESPONDENTS : /1/. State of Chhattisgarh, Through: The Secretary, Agriculture Department, D. K. S. Bhawan, Raipur, (C.G.). /2L Director, Secretary Directorate Agriculture Raipur [C.G.) . Additional Director, Secretary Raipur, Directorate Agriculture (C .G. ) /4T Shri C.N. Singh Deputy Director Agriculture Janjgir—Champa, District Janjgir—Charnpa (C.G.) 5. Sub—Divisional Officer (Agriculture) Mungeli, Distt. Bilaspur, (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTIONIORDER IN THE LIKE NATURE ETC. To, t w ,H R‘ \ XI—HCJS WW m‘m WWIN..P..NQ 5...6/2g 200 WWR‘S'W) WWW wmm . mm§mm EW£KHF$EM§¥T > agwm Shr1 Sudhlr Agrawal, Pan 1 Lawyer i0: the Staié‘on advance Copy Heard on admlsswn Learned counsel for the p tmoner subnnts that the pet1t1oner was appointed as Rural Agrlcul re Extenswn Oiiicer (RAEO) Vide order Annexure-P/S on 8.6.99. T e appointmentofthe petitioner was made uxider'the’specia‘i drive‘for ecruitmem of candidates belonging to Scheiiule Castee and Schedu e Tribes The appdintmetit of the petttmner was made on account t her bemg a member of Scheduled Tube 1 e Oraort Caste Counsel further submrts that a charge sheet dated 9.3.2004 has bee-x3 xssued the petrtmner vrde Annexum P/lO under the Civil Sewice(Classif‘ ation, Control and Appeal) Rules, Rule, 1966 and the petitione .replyvinmlation to the said c caste of the petitioner. It is alle ed that the petitioner submitted her caste as Schedule Tribe Where‘s intact, she’belongs to Schedule Caste. Learned counsel for th petitioner also submits that the petitioner has already filed r reply to the said charge-sheet Annexure-P/ll dated 27.4.2004 Thereafter, enquiry odicer has been appointed vide Annemre—P/IQ d ted 21.10.2004 and the enquiry is to 07 03 2005 Shr1 Rajesh Pandey, couns for the petltloner if irf r h f ‘ I XI-Hc—7s mmm . . WIPNOL52€£WS I Wm” ......... ..... .. “a 200- WW(W) mmm mmm " >"-;"E';mg#§‘w 1 v,2—. bé c'onduéted in 'this régaxd Thé‘ main pidyer m the petition haé been ' made for quashmg ofthe enqmry V ’ xier i4 that she does riot belong to Scheduk Caste, but §he belongs to Schedule Trxbe bemo a member of Oraon conunumty and 1n thy new of the mattel no puma faue . vm1sconduct has been comtmtte- by the petmoner The quesuon 1n. ' relahon to findmg of caste of an employee 1s a question of fact I 3-wh1ch eannot be dealt w1th 111 " ' I ' >"1val1d1tv of enqum/ has been hallenged on factual grounds tlus I. ' Court cannot mterfere m the pr eedure of enqmry at the 1ntern1ed1ate stage of appomtmerrt of the en uu‘y oElcer The d1sputed questions ' of fact are to be dec1ded the pxoceedmg of enquuy after conmdermg the eudence led by the pames concemed It 1s alter thls only, a fmdmg can be reeorded Yr th1s pomt The vahdlty of the ch ge-sheet cannot be assalled on tlns - grounds unless the very untlatl n ofthe enquuy 1s challenged on the l ground of Junsdlctxon of the dlsolplmary. authonty or they are ehallenged' on being voilative of any rules framed there for, this Court cannot mterfere w1th the rder at tins stage I ‘ o _ The contentlon of the pe The petltlon has no m 1t and the same 1s dtsmtssed at the adnnsmon stage. ‘ Sdl- I a SUNIL KUMAR smHAaf‘e~«: L Judge ‘ Inn h.“ WW t t ' \