c P l^-4T INTHEJ-IQN'BLE HIGH COURT OF CHHATTISGARMAT BILASPUR/C.G.) WRIT PETITION (S1 N0. 'w&^ OF 2010 165^- PETIT!ON£R o / . o^yf./ ^<w> ^••m^ ^^p ^y ^- ^?" <3t'--*-' .^' ^- y^\. RESPO_ND_ENTS 1. »-"' Indrgjeet Pandey, Son of Shri Shripati Pandey, aged about 37 years, Working as Panchayat Karmi (Secretary), Village Panchayat Tolga, Resident of Village—Jamdeeh, Police Station - Udaypur, Tahsil - Ambikapur, District Surguja (C.G.) VERSUS State ofChhattisgarh: Through: the Secretary, Panchayat and Rural Development Department, D.K.S. Bhawan, Raipur (C.G.) 2. The Collector, Ambikapyr, District Surguja (C.G.) 3. The Chief Executive Officer, Zila Panchayat - Ambikapur, District Surguja (C.G.) 4. The Chief Execytive Qfficer, Janpad Panchayat - Udaypur, District Surguja (C.G.) 5. Village Panchayat - Tolga, Through: the Sarpanch, Janpad Panchayat - Udaypur, Djstrict Surguja (C.G.) 6. Ram Prakash Yadav, Rojgar Sahayak Gram Panchayat - Tolga, Janpad Panchayat - Udaypur, District Surguja (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OFINDIA ;p^ tr.. T" -HC—78 ^^ '•<<l4il<1<1, 'S^Fre, t^cTOTy ^-».Yj...l{.s'lr?s;..V&£Tfc.<:'.^ 3II<?!'(PRS (' 311^1 ^it^tN? Twsn^ianw (SB: Hon'Me Shri Maninidra Moh^ 1e-04-2010 advfence pelftioner ShriV. K. Pandey, Advocatejtor Sbri M. P. 5. Bhatia, State/respondents No.1 & 2 on Heard. This petttion has been fftodl dated 29-03-2010 (Annexure P-1^, piaced under suspension on ttie all Learned counsel for the statutory remedy of appea! ava| petitioner has approached this Coijrt, order is an outcome of malafide Executive Officer. It Is stated transfer dated 13-10-2009 passed fiied by the petitioner before this passed on 15-02-2010 (Annexure f- aforesaid interim order passed inj No.3 earned displeasure, which order. From the pleadings, whjch| appears that there were certaifli petitioner. A perusa! of the impugn^d there were certain complaints mad^ thslt *wfd'!il-< inwif'? 'fe^t <l»i((! ^aTfimaiit^r n Shrivastava, J.i the petitioner. Depufy Govt. Advecate for the copy. iby the pettioner, aggrieved by order j, by which, the petitionsr has been l^gations of irregularity. submite that though there is a ilable to him under retevait »u!es, t, as according to him, the impugnad action of respondent No.3-Chief eariier, aggrieved by the order of Ifry therespondent No.3, a petition was (pourt and an order of stotus quo was IP-2). It is submitted ftat in view of th® favour of ttie petitiwier, respondent r^sutted in issuance of the inyugned have been made in this petition, 'A irregularilies alleged against the order dated 29-03-2010 shows that against the petfUoner, and thereafter, ^-^—Sie3*4 I-HC-22 sn^i^i R-ii.ai 311^1 sh^l+'HIg^ Tumane :< -3^ •^l'iilcitl, '®TftI(Tis,facll'yy ^ l/f.y.©'Kft^(^f^ TTPi?n' sht<i*""" t^ 2W sn^T^giwdfN z' •^Flfepftf TITiRffi •? •f^Tt'riW^R ^? srfigiT sn^f interfefe'ence officer grouifids respondent No.3 in a preiiminary leading to Issuance of order of sij order of suspension and cireumstanl is not supported by any material. status quo order^ in the absence circumstances, no case for interfq made out. Even the concerned personal capacity. The other petltioner in the instant petition, cou| appeal which is available to him Panchayat (Discipline & Appeai) Rul Slnce efficacious aiternative this Court is not inclined to re^erved to the petltloner to work case, peh'tioner prefers statutory within a period of 90 days from 1 consider and decide the same on from the obseroation made by this With the aforesaid observatio' ^nquiry Tound flie altegations serious, Ispension. From the contents of the lces, pieadings made, plea of malafide Merely because, this Court passed |of any other materia! and ciinching on the ground of malafide !s has not been impleaded in his which have been raised by the |d well be raised by him in a statutory |under Rule 15 of the Chhattisgarh ijes, 1999. |remedy is avaiiabie to the petitioner, the petition on merits. Liberty is remedy under the statutory ruies. In before the competent authority (oday, the concemed authority shaii own merits without being influenced Ollt aj|>peai tt Qourt. n, the petition stends disposed of. Sd/- Manindra Mohan Shrivastava Judge -J_. [~^R5 ^3'"