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2025:CGHC:12752
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1843 of 2025 1 - Santosh Kumar Kahra S/o Late Ram Pyaree Aged About 50 Years Presently Postedas Patwari PHN 8 Tehsil Baradwar, District Sakti C.G.
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Ministry, Mahanadi Bhawan, PO And PS Rakhi, Nawa Raipur, District- Raipur (C.G.) 2 - Collector Sakti District - Sakti Chhattisgarh. 3 - Sub Divisional Officer (Revenue) District Sakti (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 18/03/2025
1. By the present writ petition, the petitioner is questioning the order dated 05/03/2025 (Annexure P/1) passed by respondent No.3/ SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.03.19 10:16:10 +0530
2 / 3 SDO (Revenue), Sakti by which the SOD has suspended the petitioner from the post of Patwari on the ground that the petitioner has conducted irregularities and committed gross negligence.
2.
Learned counsel appearing for the petitioner submits that the petitioner was posted as Patwari PH No.8, District Sakti. He submits that the SDO has passed an order suspending the petitioner which is arbitrary and unjust. He further seeks to set aside / quash the said order.
3.
Learned counsel appearing for the State opposes the averments made in the writ petition as also the submission made by learned counsel for the petitioner and submits that the suspension order (Annexure P/1) passed by the SDO cannot be challenged in a writ petition filed under Section 226 of the Constitution of India whereas there is a provision of appeal prescribed under the Chhattisgarh Civil Services (Classification, Conduct and Appeal) Rules, 1966 (for short, “the Rules, 1966”) and the petitioner may approach the concerned Collector by filing an appeal under the said Rules to question the impugned order passed by the SDO.
4. I have heard learned counsel for the parties and perused the documents.
5. Considering the above submission made by learned counsel for the State as well as the Rules, 1966, the petitioner is directed to approach the concerned Collector by filing an appeal questioning the order dated 05/03/2025 (Annexure P/1) passed by respondent
3 / 3 No.3/ SDO (Revenue), Sakti within a period of three days. In the event of filing of such an appeal, the Collector concerned shall consider and decide the same in accordance with law, within a period of 20 days from the date of filing of such an appeal.
6. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar