3^5 Ss^ '^/ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVIS10NBENCH Coram 'BLE SHRi RAJEE 'BLE SHR! SUNIL , C.J. & i!NHA, J. Writ ADpeal No.SS of 2008 Dr. C.D. Bakhta, aged about 51 years, S/o Saimon Bakhla, Incharae Block Medicai Officer, Community Heaith Centre, P.0. Bagicha, Distt. Jashpur (C.G.) 1. State of Chhattisgarh, through Secretary, Department of Heaith & Family Welfare, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) 2. Director, Health Services, Raipur 3. Coliector, Jashpur (C.G.) 4. Chief Medical & Health Officer, Jashpur (C.G.) il'^ .88 Writ ARpeal Under Section 2(1) ofthe Chhattisaarh ADpeal to Present; Smt Anju Ahuja, iearned counsel for the appeliant. Shri NKAgrawai, learned Deputy Advocate Generat for the State / respondents. ith The foilowing brder of the Court was passed by On due consideration, IA No.1/2008 is ailowed and the delay in filing the writ appeal is hereby condoned. ^) 2) Learned counsel for the parties are heard on admission. 3) The appellant has filed this writ appeal aaainst the order dated 28.02.2008 passedin WP(S) No. 1294/2008. 4) The appellant had filed the writ petition for the foliowing reliefs: "7 (i).Quash the rejection 'order dated 26.4.2007 (P-9). (H). Quash the order dated 27.4.2007 (P-10) by which two officers have been nominated to constitute Departmental Enquiry Committee to hold enquiry against the petitioner. (iii). Dlrect the Respondents Authorities to post the petitioner at Bagicha which is his previous place of posting and where his wife is working. (iv). Any other relief what this Honourable High Court may deem flt and proper be also given to the petitioner. (v) The costs and expenses of this petitlon be awarded to the Petitioner from the Respondents." 5) The appeliant, thus, in substance was chalienging the rejection of his representation vide order dated 26.4.2007 (Annexure P/9); the appointment of Dr. Rajmani as Enquiry Officer and Dr V Jayaprakash as Presenting Officer, vide order date 27.04.2007 (Annexure P/10). The petltioner was further seeking a direction for his posting at Bagicha, where he was posted prior to his suspension and initiation of departmentai 6) Learned Single Judge on a thorough consideration of submissions of learned counsei for the parties did not find any K:'i 'i^ ys^ ground for grant of the reliefs sought by the appettant / petitioner in the writ petitlon and therefore; dismissed the writ petition vide impugned order dated 28.02.2008. 7) The appellant / petitioner is facing departmental enquiry on the charges of dereliction of duty in his capacity as Medical Officer; charge sheet was issued to the petitioner about the above charges on 20.11.2003; the petitioner has submitted his reply to the said charge sheet; and the departmental enquiry against the petitioner is proceeding further after appointment of the Enquiry Officer and Presenting Offlcer vide order dated 27.04.2007. 8) On due consideration of the submlssions of learned counsel for the parties, we do not Tind any infirmity in the impugned order which may warrant interference in this writ ») The writ appeal, therefore, is iiable to be dismissed and is hereby dismissed summarily. :'s.sma Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge