Chattisgarh High Court
Ranjana Tirkey vs State Of Chhattisgarh on 10 March, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 581 of 2019
Ranjana Tirkey D/o Late Patras Tirkey Aged About 41 Years R/o ELC
Mission Compound, Baikunthpur, District - Korea Chhattisgarh.
---- Appellant
Versus
1. State of Chhattisgarh Through Secretary Department of School
Education Mahanadi Bhavan, Atal Nagar, Raipur Chhattisgarh.
2. Chief Executive Officer, Janpad Panchayat, Baikunthpur, District -
Korea Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Ms. Diksha Gouraha, Advocate.
For Respondent No.1 : Mr. R.M. Solapurkar, Government Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Gautam Chourdiya, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
10.03.2022
Heard Ms. Diksha Gouraha, learned counsel for the appellant. Also
heard Mr. R.M. Solapurkar, learned Government Advocate, appearing for
the respondent No.1.
2. In the writ petition, the respondent No. 2, was Chief Executive
Officer, Janpad Panchayat, Baikunthpur, District - Koriya, Chhattisgarh.
By filing an amendment application, registered as I.A. No. 03 of 2020, the
appellant has prayed for substitution of "Chief Executive Officer, Janpad
Panchayat, Baikunthpur" by "Chief Executive Officer, Zila Panchayat,
Koriya, District - Koriya". Prayer is also made for substitution of words
"termination order" as appearing in relief clause Sr. No.(II) of this appeal
by "punishment order".
3. When the writ petition was disposed of with array of parties as
indicated in the writ petition, it will not be permissible to amend the array
of parties by impleading a party in the writ appeal, as the same would
alter the basic structure of the writ petition.
4. So far as amendment prayed for substitution of the words
"termination order", in relief clause at Sr. No. (II) in this appeal, same is
allowed.
5. The learned counsel for the appellant will make appropriate
correction in the prayer portion.
6. I.A. No. 03 of 2020 is partly allowed as indicated above. The same
stands disposed of.
7. The appeal is directed against an order dated 22.10.2019 passed
by the learned Single Judge in WPS No. 8745 of 2019, which reads as
follows:
"1. Contention of the petitioner is that punishment
has been imposed by order dated 3/02/2015
(Annexure P-1) whereby the increment and the
payment has been stopped with cumulative effect. It
is contended that under Rule 9 of the Chhattisgarh
Panchayat Service (Discipline and Appeal) Rules,
1999 provide that without enquiry no penalty even
minor penalty can be imposed.
2. Be that as it may, order is passed under the Act
by the CEO, therefore under the Chhattisgarh
Panchayats (Appeal and Revision) Rules, 1995 it
would be appealable before the appropriate
authority as per the rules. Order was passed in
2015. Petitioner do not care to challenge the same
for four years. It is all of a sudden the petitioner has
come out of the slumber and has shown emergency
and has pressed for stay. Learned counsel further
submits that the petitioner may be given liberty. This
court cannot give the liberty by way to condone the
delay for an appeal which may be filed before other
forum. It is the respective forum which will decide
whether any sufficient cause has been shown to
condone the delay or not. The petitioner after four
years have preferred this petition, what is the
continuance of cause of action it is to be
appreciated by the appellate authority if appeal is
preferred, therefore I am not inclined to entertain
this petition on the ground that appellate remedy is
available under the Rules.
3. Accordingly, the petition is dismissed."
8. The learned Single Judge refused to entertain the writ petition,
which was filed four years after passing of the order imposing penalty, in
view of availability of alternative remedy.
9. We find no good ground to interfere with the view taken by the
learned Single Judge and, accordingly, the appeal is dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Hem
