Vishnu Prasad Sunhale vs State Of Chhattisgarh
2021 Latest Caselaw 3101 Chatt

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                                                                         NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR


                         Writ Appeal No. 347 of 2021


      Vishnu Prasad Sunhale, S/o Late Shri Ganesh Ram Sunhale, Aged about
      35 years, R/o Village-Neur, Tehsil-Pandariya, P.S. Kukdur, District
      Kabirdham (C.G.)
                                                                  ---- Appellant
                                     Versus
1.     State of Chhattisgarh Through the Secretary, Panchayat and Rural
       Development Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,
       Raipur (C.G.)
2.     Chief Executive Officer, Zila Panchayat, Kabirdham, District-Kabirdham
       (C.G.)
3.     Sub Divisional Officer (Revenue), Pandariya, District-Kabirdham (C.G.)
4.     Janpad Panchayat, Kabirdham Through the Chief Executive Officer,
       Kabirdham, District-Kabirdham (C.G.)
                                                              ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Prateek Sharma, Advocate. For Respondents No. 1 & 3 : Mr. Vikram Sharma, Deputy Government Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Arvind Singh Chandel, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

11.11.2021

Heard Mr. Prateek Sharma, learned counsel for the appellant.

Also heard Mr. Vikram Sharma, learned Deputy Government Advocate

appearing for respondents No. 1 and 3.

2. This appeal is preferred against the order dated 20.10.2021

passed by Single Bench in Writ Petition (S) No. 5547 of 2021, whereby the

learned Single Judge declined to entertain the writ petition in view of availability

of alternative remedy under Rule 15 of the Chhattisgarh Panchayat Service

(Discipline and Appeal) Rules, 1999 (for short, 'Rules, 1999').

3. The appellant was suspended by an order dated 06.09.2021 by

the respondent No. 2 / Chief Executive Officer of Jila Panchayat, Kabirdham.

Challenging the aforesaid order of suspension, the writ petition was filed on

various grounds.

4. That an appeal lies under Rule 15 of the Rules of 1999 is an

admitted position. When the learned Single Judge has declined to exercise

power under Article 226 of the the Constitution of India in view of availability of

adequate alternative remedy, in the facts of the present case, we are not

inclined to interfere with such an order of the learned Single Judge, and

therefore, the writ appeal is dismissed. No cost.

5. However, we may observe that if an appeal is preferred by the

appellant within a period of 15 days, the same shall be disposed of as

expeditiously as possible and at any rate, within a period of 60 days.

                               Sd/-                                           Sd/-
                       (Arup Kumar Goswami)                          (Arvind Singh Chandel)
                           Chief Justice                                     Judge




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