f5 ^'b <b /^ ..•••'^ ^^/ .^' -^'' .•'" ^•\^~ >. <?<«" IN THE HICH COURT OF JUDICATURE AT BILASFUR CHHAmSGARH W.P(S) N0.e51 Z^-/2011 PETmONER :- Ashok Kumar Verma S/o Late H.N.P Vemia aged 55 years, Occupation Service presently posted as Sub Auditor with additional charge of Panchayat 85 Social Education Organizer at Block (Janpad Panchayat ) Sarangarh under Panchayat & Social Welfare Deapartment Raigarh, Pennanent R/o Raigarh Ward No. 25, Stadium Road Raigarh (C.G). VERSUS ^' RESPONDENTS:- 1. State of Chhattisgarh Through :—Secretary Panchaysat & Social Welfare State of Chhattisgarh , Raipur (C.G). 2. Director Panchayat & Social Welfare Departnient State of Chhatigarh Raipur (C.G). ^3. Deputy Director, Panchayat & Social Welfare Departinent State of Chhatigarh Raigarh (C.G). 4. Chief Executive Officer (C.E.O) ,Janpad Panchayat Sarangarh District Raigrh (C.G). 5. CoUector District Raigarh (C.G). ^•••^ ^w <%> aY '^ 6. Sub Divisional Officer ( Revenue) (S.D.O) Sarangarh District Raigarh (C.G). 7. Tika Ram Patel S/o (not known to petitioner) aged about 54 years Occupation Service Aantarik Lekha Parikshan 8s Kararopan Adhikari Janpad Panchayat Sarangarh District Raigarh (C.G). WRITPETmONUN^^ARTICT^E 226^227 QF THE CONSTITUTION OF TODIA © "~^ 't' —»..1 3S&.. § ^-^ / y:wr ^' //^^ s"m° .^la ^TOM1?, ®Tllt-i'i^,isfc'iiy'-R .^l^.^.^muL ST^i? ^1 1ST StRj( •sS»!"R 1 i^ tipTaf ^ '''-"^ TF3T?n: ^; affOT ;--tsT SB : Hon'ble Shri Manindra nflohan Shrivastava, J. 05-09-2011 I Shri S. N. Nande,counsel for th? petitioner. Shri N. Naha Roy, Panel Lawyei) for the State on advance copy. Heard. I This petition has been filed t|y the petitioner aggrieved by the impugned orderdated 25-08-2011 (Anfiexure P-1), bywhich, chargeofthe office of Panchayat Evam Samaj Shik^ha Sangathak, Janpad Panchayat, Sarangarh has been directed to be tak^n away from the petitioner for being handed over to the respondent No.7[ who is Internal Audit & Taxation Officer, Janpad Panchayat, Sarangarh. Learned counsel for the petiti^ner submits that vide order dated 12-01-2005(Annexure P-3), the Direc]tor, Panachayat & Social Welfare, Chhattisgarh, Raipur, instructed all th^ Joint Directors as well as Deputy Directors that the vacant posts of Org; basis only from the Senior Sub Auditor] by the Deputy Director in violation of th| inizer should be meant on Incharge but now the order has been passed fe said direction. Learned State counse] submitt^d that the petitioner could not seek direction against the impugned order c|n the basis of the circular dated 12- 01-2005 (Annexure P-3), which is ojnly advisory in nature. He further submitted that the petitioner is not sub( him, and if the charge is not being v( petitioners are violated. Taking into consideration the si|ibmission made by learned counsel for the parties, considering that the or<(er (Annexure P-1) has been issued .tantively posted by giving charge to ithdrawn, none of the rights of the ^IKl^tq ^^t*l ^RV||?i<f, -FS/140—2/2011—1,50,000. ,1 I ?I i! f © 'iiWi? -3'-S[^rraT^P:[..'S'cil<4'l<c, T^TRT^ \^,i?,^/'r^,-?iyyz-si) <'«e% 3TRST 'SH R^F W SSSS -SVK; 2^ 4wrc!<<N iwwft''? •ss'^'c'r^ ^T STfW ?;-~!?i Tumane by the Deputy Director, which is contrc|ry to the directions, which has been issued by the Director, Panchayat (Annexure P-3), it would be proper & Social Welfare on 12-01-2005 to direct the respondent No.2 to consider the matter on the representafjons of the petitioner. The petitioner shall submit a representation to the res^ondent No.2-Director, Panchayat & Social Welfare within a period of 15 da^s from today. The respondent No.2 shall take decision thereon within a p^riod of one month from the date of receipt of representation. Till the mattel is decided by the respondent No.2, the petitioner shall not be disturbed p+suant to the impugned order dated 25-08-2011 (Annexure P-1). With the aforesaid direction, the|3etition is finally disposed off. Manindra Mohaii Shrivastava Judge !ill<l<fl<i A*ntli"ll<!W, Ud-lk'IM—FS/140—2/2011—1,50,000.