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2025 DAILYLAW 21628 (CHH)

EBERTUS MINJ v. STATE OF CHHATTISGARH

WPS/4037/2018 · 2025-02-04

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:6348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4037 of 2018 Ebertus Minj S/o Shri Plasidus Minj, Aged About 57 Years Working As Head Master and Posted At Govt. Middle School Mudgelmal, Block Mainpur, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh. ... Petitioner versus 1- State of Chhattisgarh, Through Secretary, Department Of Tribal Caste And Welfare, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh. 2-Collector, Gariyaband, District Gariyaband, Chhattisgarh. 3- Assistant Commissioner, Tribal Caste and Welfare Department, Gariyaband, District Gariyaband Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Ajay Shrivastava, Advocate For State : Mr. Subham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04.02.2025 1) At the very outset, learned counsel appearing for the petitioner would submit that the order passed by the Collector, District Gariyaband dated 31.08.2015 is appealable one. He would further submit that the petitioner may be permitted to prefer a duly constituted appeal before the concerned appellate authority and the appellate authority may be directed to decide the appeal within a stipulated time frame. -2- 2) On the other hand, learned State counsel would oppose the submissions made by Mr. Shrivastava. 3) Taking into consideration the fact that the order inflicting punishment of stoppage of increment with non-cumulative effect was passed and during the period of suspension the petitioner was entitled to get 50% of subsistence allowance however the order is appealable, therefore, in the opinion of this Court, no case is made out in favour of the petitioner. However, the petitioner would be at liberty to approach the appellate authority. 4) In the event of the appellant filing an appeal before the appellate authority, the concerned appellate authority is directed to decide the appeal preferably within a period of 90 days. The authority concerned shall consider all the grounds raised by the petitioner. 5) The issue with regard to the limitation shall not come in the way of the disposal of the appeal. 6) With the aforesaid observation and direction, this petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim