4 ^^ ^ l£Q fe. ) IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.1 WRIT PETITCON (5) N0. ^~^Y /2008 PETITIONER ^&./^ ^6 ^ %y A6e ^^ ^"•^u\^- .^•-yy ^'\.^ .^' ' ^'^' ^"- RESPONbENTS R.K.Chandra S/o late Sri Ramkrishna Chandra, Aged-about 48 years, Working as a Sub Engineer at Janpad Panchayat, Akaltara, Janjgir Champa, R/o Block colony, Akaltara, bistt.- Janjgir Champa [C.G.] VERSUS ^^ ^ L_.fi^..^._ State of Chhattisgarh Through- Secretary Panchayat and Rural Development Department, D.K.S.Bhawan, Raipur [C.G.] Executive engineer Rural Engineering Service Division-Jangir, bistrict- Janjgir Champa [C.G.] The Collector, bistrict Program and Statistics, Raigarh, bistn'ct-Raigarh [C.G.] WRIT PETITCON UNt)ER ARTCCLE 226 OF THE CONSTCTUTCON OF INDIA FOR ISSUANCE OF /\PPROPRI/\TE WRIT, ORDER OR bIRECTCONS ^A_.__,._,,_._.._,___. ";^ .^:;i^ 't ^^:^ v^. ^y^ I; ^ 11 ^" ^ (S) HIGH COURT OF CHHATTISGARH AT BJLASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (S) No. 5701 of2008 PETmONER R.K.Chandra VERSUS RESPONDENTS State ofChhattlsgarhand others Shri Malay Kumar Shrivastava, counsel for the petitioner. Shri Vivek Sharma, PL for the State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTrrUT!ONOFJND!A- ORDER (04.10.2010) Chailenge in the present writ petition is to the order dated 17.06.2008 (Annexure P-1) passed by respondent No.3 directing for recovery of Rs.3,62,000 from the petitioner. 2. Both the parties very fairiy submit that the petitioner has an altemative remedy to file an appeal before the State Government under Rule 23 (1) of the C.G. Civil Services (Classification, Control & Appeal) Rules 1966. in view of this, the petitjoner wants to withdraw thte petition with Jiberty to file an appropriate appeal before the State Govemment within four weeks from the date of receipt of copy of this order. Counsel for the petitioner however submits that on 15.10.2008 thepetitioner was granted interim protection in his favour by this Court and the said protection may be directed to continue till his applteation for grant of interim reiief is decided. 3. State counset has no objection if the petitioner flies any such appeal along with an application for grant of stay and the same Is decided in accordance with law. 4. Accordingly, the petitioner is permitted to withdraw the petition with the aforesaid ijberty. In the eventuality of filing an appeal along wjth an aoDlicatJon for stav within four weeks from the date of receiot of ft^ •%- ' (^ copy of this order, it is expected from the appellate authority that the same would be decided as expeditiously as possible preferably within a period of further four months. 4. Meanwhile, the order dated 15.10.2008 shall remain in operation till the application for grant of interim relief/stay is decided by the appellate authority. 5. It is made clear that this Court has not expressed any opinion on merits ofthe case and the authorities concerned would be at liberty to decide the same strictly in accordance with law. Sd/- Pritinker Diwaker Judge