Chattisgarh High Court
Ram Kumar Aandil vs State Of Chhattisgarh on 22 February, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 93 of 2022
Ram Kumar Aandil S/o Shri Basant Lal Aandil, Aged About 38 Years Data
Entry Operator Office Of Chief Medical Officer Baikunthpur Koriya, District
Koriya (Chhattisgarh) R/o Bhaisa Dafai, Haldibadi Chirimiri Haldibadi
Koriya, District Koriya (Chhattisgarh) Pin 497451
---- Appellant
Versus
1. State Of Chhattisgarh Through The Secretary, Mahanadi Bhawan,
Mantralay, New Raipur District Raipur (Chhattisgarh) Pin 492001
2. District Collector Koriya, District Koriya (Chhattisgarh) Pin 497559.
3. Chief Medical Officer Baikunthpur, District Hospital Koriya, District
Koriya (Chhattisgarh) Pin 497335
4. District Programm Manager National Health Mission Baikunthpur,
District Koriya (Chhattisgarh) Pin 497335
5. Director Mission Sanchalak National Health Mission Raipur, Third
Floor Chhattisgarh Grih Nirmar Mandal Vyavsayik Parisar, Sector 27,
Naya Raipur, District Raipur (Chhattisgarh) 492001
---- Respondents
(Cause-title taken from Case Information System)
__________________________________________________________
For Appellant : Mr. Curtis Collins, Advocate
For Respondent Nos.1 to 3 : Ms. Astha Shukla, Government Advocate
For Respondent Nos. 4 & 5 : Mr. C. Jayant K. Rao, Advocate
__________________________________________________________
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri N.K. Chandravanshi, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
22.02.2022
Heard Mr. Curtis Collins, learned counsel for the appellant. Also
heard Ms. Astha Shukla, learned Government Advocate, appearing for
respondent Nos. 1 to 3 and Mr C. Jayant K. Rao, learned counsel,
appearing for respondent Nos. 4 & 5.
2. The petitioner was appointed on contractual basis in the post of Data
Entry Operator in the District Malaria Office, Baikunthpur, District-Koriya.
3. The petitioner had assailed the order dated 03.12.2021, by which he
was given a last warning because of negligence in performing duties and
dis-obedience of the order of superior officials.
4. The learned Single Judge, while admitting the writ petition, refused
the prayer for staying the order dated 03.12.2021 and it is against such
refusal, this appeal is preferred against the order dated 01.02.2022 passed
in I.A. No.1 of 2022 arising out of WPS No. 584 of 2022.
5. Contention is advanced by Mr. Collins that aforesaid order dated
03.12.2021 was passed by the respondent No.4 and not by the appointing
authority i.e. respondent No.3, Chief Medical & Health Officer, Baikunthpur.
6. Ms. Shukla submits that though the order is signed on behalf of the
Chief Medical & Health Officer, the same is by way of a communication
only and therefore, no interference is called for.
7. In order not to cause any prejudice to any of the parties, we refrain
from making any definite conclusion on the same, as the writ petition is
pending consideration before the learned Single Judge.
8. Having regard to the facts and circumstances of case, we are of the
opinion that no interference is called for with the aforesaid order of the
learned Single Judge and, accordingly, the writ appeal stands dismissed.
No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (N.K Chandravanshi)
Chief Justice Judge
Chandra
