iSUiSS UO IN THE HIGH COURT OF JUDICATURE, AT BILASPUR (C.G.l Writ Petition No. /2005 PETITIONER /^<i<€^. .^le-^y>>"..-- ->^s%>'""" ..'•'"^t^.^"" •" ^A^:®.^-' Mangal Das. S/o Chandulal Bhasker aged about 23 years shiksha Karmi Varg 3 Primary School Lohara Kapa The. Mungeli Distt. Bilaspur (C.G.) b^e^^ l^ •sfmy.^ VERSUS yS^"'RESPONDENTS / >1^ Collector Bilaspur Distt. Bilaspur x ' C.G. y( The C.E.O. Janpad Panchayat Mungeli Distt. Bilaspur (C.G.) 3) State of Chhattisgarh <~»^':WSITPETITION UNDERARTICLE 226/227 OF THE ^" ""?^- CONSTITUTION OF INDIA. "'W 4»T ;\f ycc|T<liqirt«,U>-n|<(-t<|S,R|yl|'yy'< ^_ k/rtiH"/ JOJ *ii*i<fliia?m^ ——••••••••••••••••••/•••-•-^200 SIT^ST 'raq? ('jcifjcj^) 3n^?rm(^ito asnsii^STWiw ?RiT8R^riS?ran^9T <i)]«In<S1l^iinT*t"ls'<3 '(Rl't'^K ^ail^Tan^T .K.Tiwari i,Dy.6^ ie 5tat< ^. y way ofthis writ p^tition, filed under Article 226/227 of the petitioner has challenged tiie le9ali1y of 10.8.2005 issued by Collecfop, Constitution of ;Tndja, the Learnei was appointe d counsel forJthe petitioner submits :that ths petitione' thereafter, the ps+! since then he is workin ', Btlaspur, all i VI 4.6.2005. He furttier submits t! >etitioner and ca said post in the said. Institution. The sudden issued a show ;cause notice to the to file his reply on 22.8.2005 at 11.00 im. The further the ser'vices of the p .P.(C.6.) Panchayat Shik Rules; 1( ^titioner are governed by the Provisions of sha Karmi (Recruitment and Condition of in the aforesaid rules. the Coilector* is an ippejlate authority, therepore, issuance of notice to show cause by ^?T^IWM<1, U-ril'M'Ka, Rttl'Ky'; TFrar^HT^ 1 3II^?Tq5[tp (<^l(j6|<g) Wt200 an^rwfi'iicb' cTairaii^^Tgnini' B^iTW'uRd sn^?r <Ri<i[n<fli iitoV^f l^i^l •(Rf+^l't ^af^Taii^stc ' ' le Col!ector is not in ac relati settled. Tne High Court show cause, issued uniess 1 ordance with law and the same should be ^- in to filing of the writ petition and in the matter of show cause is now we!l 3 not required to Interfere in a matter of he same is not in conforrnit)' with the Rules by the authorit/ having no jurisdiction over rne' Even.'in such situaticjn is challenged, it has been| Jurisdiction and the autho an approj been held in whether the jurisdiction of the authority suggested that first of all the petitioner |ty and file a reply / objection regarding his ^ity shouid be given an^ opportunity to pass ^ objection raised by the petitioner. It has uniess the High Cour't is totally non est; in the eye the authority to eyen inve| se entertained for the the writ oetitioner shoultl show cause notio Whether the show cause rlot reported in JT 2004 0.) SC page 206 that satisfied ti-iat the show ccuse notice was f iaw fpr "absolute" want o.f jurisdiction of itigate into facts, writ petitions should not sre asking and as a mqtter of routine, and invariab'y be directed to respond to the all stands highlighted in the writ petition. ice was founded on any legal premises is a SP"-"" \d-cci'«i«irt«, t»-(TI<(i<is, Re>i'(iy'< *ll*tril^1T^ SD^TWft-li*; a2iTan^?Fri>*ii<b 1, 3II^9Tq3W('3^gE[^) g7e[r)!R^fS<T3ii^?T jurisdictipnal issue which afso °i!y, Court. n me eye o notice issued to the Detitidner at this stcae The petition is dism However, iiberty is fesed. Iranted to the petitioner that if the matter 's stiil pending .before the bf this ordel iof. Certified copy as pe ,<Bi«[n<S1i•<ifc>Y4"fa'<l tlutt-ci't ^arf^Haii^?! urged by the adjudicated by the aacirieysd :cou SCIDIi oach the 'ouid not satisfy that the show cause was want of absolute jurisdi tition aaainst the concerned authority, he may ij(nd file his reply'. He may also raise the an|J if such c reDlv is filed the concerned authority ground of junsdiction jurisdiction is raised by t^e petitioner, the competent authorit/ shal! first of ai! decide the gropnd of jurisdiction and'thereafter, pi-oceed in the matter in accordancl T, ', M.W.P.No.3690/2005,1.A.No.8215/2005 ru!es. Sd/- SunilKufflarsinha Judge "tt^ac