<! !e IN THE HIGH COURT OF J.UDICATURE, AT BILASPUR (C.G.) Writ Peti^ion No. ^5^-6 /2005 PETITIONER Ku. Tarla Singh D/o late Isha Charan Singh aged about 43 R/o Village Pendridih P.0. Jarahagaon Teh .Mungeli Distt. Bilaspur .(C.G.) VERSUS .-^_, RESPONDENTS -! \V Collector Bilaspur Distt. Bilaspur —^' ': fcZ-— "~- ~- /Ao.~'''c_-^--'' ...•••' X The C.E.O. Janpad Panchayat ^7:~.f^" ..••""' /- Mungeli Distt. Bilaspur (C.G.) -^M^^ .., ^""&"" ^""'. " -.,:•. •.'..^\^.>"'- 9-)/ State of Chhattisgarh • ^yy^>' ^I..^__ _____„„—„__._-—- —G.—^- ^WRIT PETITIQN UNDER ARTICLE 226/227 OF THE r?c^ CONSTITUTION OF INDIA. IIHWI ^TT^ \dwci'-«i<iirto,t»-ri1<(-i<i<o,Iqnitiyt l^.p. sii^STTOR'-ii*' !CT3IT^?Iri>fi<b 3ll^?T(raq!(<^fgii5) ^200^ .P.No.4548/2( Shri Dinesh R.K.Tiwari Arun 5ao, Dy. 6d' y way of this writ p® ,-t impuqned show cause notic Shiksha dated since then she is:working on Collector, Biiaspur, atl of a Detitioner and that the services of the pe' M.P.(C.6.) Panchayat Shikstl Service) Rules, 1997 and in] /, theref<| <pl<<fn<Tli *filc9l"*t"l«L3<(uit<;l't ^3lK)H3II^?I 1-ition, filed under Artic!e 226/227 of the letitioner .has cha!lenged the legality of s dated 10.8.2005 issued by Col!ector, ie petitioner submits that the petitioner Karmi Grade-ILE in Block Mungeli vide 4.6.2005. He further submits that joined in her respectiye Institution aid said post in the said Institution. The SP jtC&AartAC na^Ainn ;r to file her reply on 22.8.2005 at 11.1 n Of learned counsel for the petition^r is itioner are governed by the Provisions of a Karmi (Recruitment and Condition of the aforesaid rules, the Collector is an re, issuance of notice^ to show cause by -Q- \drrei •^iKiirt«,t»T^*(i<i<s,fioi'dy'; *11*10l!^1T^ sii^^rqirR'iicb aa!T3n^?irtiii<b edl^ ^jgJ'^r-- 3n^9TIra^ (•j^tjci.d) WT. 200 the Coilector is not in ac terference bv writ cour settled. The Hiqh Court show cause, issued uniess tf or the same has been issil over the matter. i\ 'm reiati<|n to filing bf the writ petition and in the matter of show cause is now wel not required to inter'fere in a matter of tjie same is not in conformity with the Rules ;d by the authority having no jurisdiction is challenqed, it has been jurisdiction and the authoij ai apj >een order on th4 matter o' unless 1+ie Hiqh Court js totally non est In the eye d[i ths authority to eyen inve4 ?e entertained for the m4 the writ pstitioner shouid show cause notice and tak4 Whe+her the show cause nt <l'14(d41'l *<l*ldTifls'd xRi^i'i ^srf^isn^CT e sf whether the jurisdiction of suggested that first df aii 1+ie and fife a reply / objection re it/ should be given cn o} objection raised by the loriry petitioner jarding his ty to pass The Special Dif'ector and_Anr'._v. Mohd. heported in JT 2004 (1) SC page 206 that iatisfied that the show cause notice was f \WAI for "absolute" want of Jurisdiction of tigate into fac'te, writ petitions should not re asking and as a matter of routine, and invariably be directed to respond to the all stands highiighted in the writ petition. >tice was founded on any legal premises is a SP/FS/2Q05^20-QQD.- <8 J 1 3^ r<i\wv>^, yiTI'<i<is, Rril'Hy'; *ll*lcil ^TT^ 3II^?TqiTR-li<b ^an sii^asqto 3ii^9T qa^ ('i^rfg^) ^200 ?^ITW;n1%<T3D^?r iurisdictional issue. which notice and such issues alsd o ca(i even be urged by the recipient of thg jin be adjudicated' by the authority issuing the aggrieyed Since the counsel cobld not satisfy that the show cause was in the eye of not inclined to entertain 'tH to the petition^ petition is dismis^ ', h'ber-ty is gr) is sriil pending before th the ground of jurisdiction jurisdiction is raised by the first of all deci in the stand disposed of. Certified copy as pe' cpiofnjli fifnT^ffe'^l •(Rf't^l't ^aiKiisn^CT >ach tsi .-^- law ror lis writ petjtion against the show cause srat this stage. ed. inted to the petitioner that if the matter authority', she may appeap reply. She may aiso raise repiy' 'is filed and ground of compe+ent autt dnd le if such a d of jurisdiction and thereafter. Di'oceed lally disposed o- .P.No.3686/2005,I.A.No.8191/20Q5 ules. Sd/- Sunil Kumar Sinha Judge