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2019 DAILYLAW 1263 (CHH)

GANGA RAM SAHU v. STATE OF CHHATTISGARH

WPS/1578/2019 · 2026-01-05

Shri Sanjay K Agrawal

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Judgment text

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Page No.1 of 3 IN WPS-1578-2019 2026:CGHC:679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1578 of 2019 Ganga Ram Sahu S/o Bhagwat Prasad Sahu Aged About 49 Years R/o Village Bhatlikhurd, Tahsil Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanandi Bhawan, New Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Additional Commissioner Bilaspur Division Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Additional Collector Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh 4 - Chief Executive Officer Janpad Panchayat Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Petitioner : Mr. P.K. Saxena, Advocate For Respondent-State : Mr. Afroz Khan, Panel Lawyer ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 06.01.2026 1. Heard. 2. This writ petition is mainly directed against the order dated 24.01.2018, passed by the Janpad Panchayat, Mungeli, by which, it SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN WPS-1578-2019 has been held that since the petitioner was never appointed on the substantive post Panchayat Sachiv, therefore, he cannot be permitted to join the said post. 3. Learned counsel for the petitioner submits that the impugned order is bad, illegal, arbitrary and without authority of law. Hence, the same is liable to be set aside. 4. On the other hand, learned counsel for the respondent supported the impugned order and prays for dismissal of this petition. 5. I have heard learned counsel for the parties, considered their rival submissions made herein above and went through the record with utmost circumspection. 6. In the case at hand, the competent authority vide impugned order dated 24.01.2018 has clearly recorded that the petitioner herein was given the additional charge of Panchayat Sachiv, but after appointment of regular Sachiv at Gram Panchayat, his charge was taken back. However, the petitioner challenged the said order before various authority, but all stood rejected. Thereafter, this Court in WPS-264-2018 (Ganga Ram Sahu v. State of Chhattisgarh and others) decided on 10.01.2018 directed the CEO, Janpad Panchayat, Mungeli to consider and allow the petitioner herein to join on the post of Panchayat Secretary if there is no other legal bar Page No.3 of 3 IN WPS-1578-2019 in accepting his joining. In turn, the competent authority has clearly recorded a finding that the petitioner was never appointed on the post of Panchayat Secretary and, therefore, he cannot be permitted to join on the said post, which finding, in the considered opinion of this Court, is strictly in accordance with law. As such, I do not find any merit in this petition and same deserves to be dismissed. 7. Accordingly, this writ petition stands dismissed. No cost. Sd/- (Sanjay K. Agrawal) Judge s@if