^ ^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. 7457 of 2007 PETITIONERS RESPONDENTS : 1. Shyamu, son of Vishram, aged about 46 years, Panch of Ward No. 20, Gram Panchayat Bemecha Tehsil & District Mahasamund (CG) 2. Manrakhan son of Shivlal Nirmalkar, aged about 68 years, Worker of C.G. Rajya Sangharsh Morcha, Gram Panchayat Bemetara, Tehsil & District Mahasamund (CG) VERSUS : 1. State of CKhattisgarh, through the Secretary, Department of Panchayat & Samaj Kalyan, D.K.S. Bhawan, Raipur. 2. The Chhattisgarh State Election Commission, Mahanadi Block, Mantralaya Parisar, Raipur. 3. Gram Panchayat Bemcha, Tehsil & District Mahasamund, through its Up-Sarpanch, Gram Panchayat Bemcha, Tehsil & District Mahasamund (CG) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Single Bench : Hon'ble Shri Satish^K.AenihotrLJ. Present: Shri Dinesh R.K.Tiwari, Advocate for the petitioners. Shri Vinay Harit, Deputy Advocate General for the State. ORDER ith (Passed on 14"' day ofDecember, 2007) The petitioners, by this petition seek for quashing ofthe enquiry report which is annexed as Annexure P/l. On query by the Court, as to whether any consequential order has been passed against the petitioner pursuant to the enquiry report. Leamed counsel appearing for the petitioners submits that on the basis ofthe said enquiry report, the Sarpanch namely Smt. Nannd Kumari Sahis has been removed. Smt. Nand Kumari Sahis, being aggrieved by the said order, approached this Court in W.P.(C) No. 5602/2007. This Court, after hearing the parties, disposed of the said petition on the ground of availability of altemative remedy available to the petitioner therein, who had already filed an appeal before the Director, Panchayat & Social Welfare Department, Raipur. The same enquiry report, without having any cause of action, is being challenged by the petitioner, who claims to be apanch ofthe Gram Panchayat, Bemcha. Since the matter is pending consideration before the Director, Department ofPanchayat and Social Welfare, Raipur, this prayer ofquashing of the enquiry report cannot be considered firstly, on the ground that no consequential order has been passed, affecting the petitioner adversely and secondly, the Sarpanch, who has been punished on account of the enquiry report, the case is pending consideration before the Director ofPanchayat and Social Welfare, Raipur. In view ofthe foregoing, this petition is dismissed. However, the petitioner is at liberty to take recourse to altemative statutory remedy, available to him under the provisions of law, if so advised. Sd/- Satish K. Agnihoiri Judge iguna