^r/0^7-— ^ ^^gfe @©^ IN THE HQN'BLE HIGH COURTOF CHHATTISGARH AT BILASPUR W.P.(S) N0. 3^^0F 2009 WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA Petitioner Respondents ,vft,S^/ '..•-"<d^..'--" t^ ".•-•c\^.'.-"' .^y ^^^^p 'S.K. Asati, S/o Late Gaya Prasad Asati, aged about 47 years, R/o E-l, 'Parijat Colony, Nehru Nagar, Bilaspur (CG) Versus State of Chhattisgarh through the Secretary, Departmerit of Panchayat and . • Rural Development, D.K.S. Bhawan, Raipur. The Collector, Distt. Jashpur. (CG) Executive Eilgineer, Rural Engineering Service, Jashpur (CG) Chief Executive Officer, Janpad Panchayat, Bagicha, Distt. Jashpur (CG) 1. PARTICULARS 0£THE PETITIONER: .Ate, + L ^ST •<<i-Lii<yi'i<, a-aly'is, !°«ni'Hli,< y Ai /> ^ i ^_ _.-iS^EL,u..c.e^...,tissssT. 49/^ -^x^4/^< wfem; .^Ss,S II. Shri Vivek Shrivastava Shri Arvind Dubey PL for Present petition has be order of suspension dated 23 3.2. . cdunsei Contention of the couns order of suspension has beei Coiiector is not the appointing therefor®, as per rule 9 of (Ciassification, Control and suspension order is bad in !aw| notice was issued to three pen who has been picked up for ^ account of death of his cousiri attend his duties and therefori against him that he failed tb •<iW(<'l4)-l llIlRff'if fe'^t <I«lt<l< itinter Diwaker for the petitioner. the respondents/State. bn fiied against the impugned .5.2009 passed by respondent ^l for the petitioner is that the h passed by the Collector but authority of the petitiQner and Chhattisgarh Civil Services Appeal); Rules, 1966 the He submits that a show cause sons but it is only the petitioner uspension. He submits that oh sister, the petitioner could not e the presumption was drawn give an explanation for his —2. yiy-^i^ ^i^ ^"n^T^R-ii^if?—FS/95—ii/zoos—i ,00,000. v^!f^^sS-Sw^^S. .%t^i' ^ST'<ii'4i<yi<<, ®flly'i|(o,fs)yiy'j,< —*x- w^w x^v (.^ty^f) an^iTil^iN; .0: ^ ^ -^ Counsel for the an alternative remedy availabl^ appeal under Rule 23(4) of (Classjfi'cation, Control and Appje this petifion is not maintainable. submits that there is l^ to the petitioner for filing the tfie Chhattisgarh Civil Services sal) Rules, 1966, and therefore, At this stage, counsel foi may be permitted to withdraw th appellate authority to decide thi I* Accordingly, the petition i; petitioner fites an appeal within date of receipt of copy of this or] decide the same expeditiously ^ mohth from the date of its •Wfeft^•WRff^ ft%t tf^RSR \ the pet'rtioner sybmits that he lis petition with a direction to the 3 appeai to be preferred by him dismissed as withdrawn. If the a period of two weeks from the der, the appellate authority shall ireferably within a period of one pres^ntation. Sd/- Pntin&er / Judge ar '^*Tg5^RBT(RW?riir—FS/9S— 11/2008—1,00,000.