^WWW.J,,S!.'.-^lWUjyi,-VJI!Sl^ffi^,5.,-,,^^li!LWSy!,^^H^^ Writ Petition (S) No.3204 of 21 Resoondents Versys 1. 2. 3. Champak La! Patel, son of Meghnath Patel, aged about 40 Occupation: Assistant II, Janpad Panchayat Bagbahra District - Mahasamund State of Chhattisgarh, Through: Secretary, Panchayat, Raipur, Distt. Raipur (C.G.) Chief Executive Officer, District Panchayat Mahasamund, (C.G.) Chief Executive Officer, janpad Panchayat, Bagbahra, District - Mahasamund (C.G.) Writ Petition under Article 226 ofthe Constitution of india) inale Bench: Hon'ble Justice Satish K. Aanihotri Present : Shri Sunil Sahu, counsel for the petitionsr. Shri Sushil Dubey, Govt. Advocate for the State. (Passed on 11th June, 2007) The petitioner while working as Assistant Grade II of Janpad Panchayat Bagbahra, District - Mahasamund was placed under suspension by order dated 27.04.2007 (Annexure P-2) for certain irregularities, as stated in the impugned order itseif. The petitioner without availing alternative remedy of appeal as provided under Section 15 of Chhattisgarh Panchayat Service (Discipline & Appeal) Rules, 1999 has approached this Court without assigning any reason to justify inference by this Court under Article 227 of the Constitution of India. Section 15 of Chhattisgarh Panchayat Semce (Discipline & Appeal) les, 1999 reads as under: "Appeals against order of suspension or orders imposing penalties. (1) A member of the Panchayat Service may appeal against an order of suspension or an order imposing any penalty on him to the authority specified as appeitate authority in the Appendix appended to these rufes wthin a period of 90 (ninety) days from the date on which he receh/es the order: Provided that the appellate authority may entertain an appeal after expiry of the said period if it is satisfied that the appsllant has had sufficient cause for not submitting the appeal in time. (2) Every person submitting an appea! shall do so separately and in ht's own name. (3) The appeal shall be addressed to the authority competent to hear appeals and shall contain a material statemente and arguments on which the appellant relies and shall not contain any disrespectful or improper ianguage. A copy of the order appealed against shall invariably be enclosed w'th the Appeal. (4) A copy of appeal shall also be sent to the disciptinary authority, against whose order appeal is preferred. ° Thus, this petition in presence of availability of alternative efficacious statutory remedy is not maintainable and the same is accordingly dismissed, However, the petitioner is at liberty if so advised, to take recourse to altemative remedy that may be available to him. This order shall not come in the way ofdecision making bythe statutory authorities, as provided underthe Rules. Indu Sd/- Satish K. Agnihotri Judge V