1 2025:CGHC:47705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10580 of 2025 1 - Ashok Kumar Gatpalli S/o Late Suraiya Gatpalli Aged About 30 Years Earlier Posted As Peon, At Government High School, Benglur, Block Bhairamgarh, Distt. Bijapur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur, Chhattisgarh. 2 - Collector Tribal Welfare, Distt. Bijapur, Chhattisgarh. 3 - Assistant Commissioner Tribal Welfare, Distt. Bijapur, Chhattisgarh. 4 - District Education Officer Distt. Bijapur, Chhattisgarh. 5 - Block Education Officer Block Bhairamgarh, Distt. Bijapur, Chhattisgarh. ... Respondents For Petitioner : Mr. Sibashish Mishra, Advocate For State : Mr. Arvind Dubey, Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17.09.2025 1. The instant petition has been filed by the petitioner assailing the order dated 19.02.2025 passed by the District Education Officer, Bijapur by which the petitioner’s services have been terminated on the count that he remained absent for more than three years. 2. Learned counsel for the petitioner would submit that the appointing authority of the petitioner is Collector, therefore, the District Education BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.09.18 10:50:30 +0530 2 Officer has no right to issue termination order, as such, the termination order passed by an incompetent authority and would pray for setting aside the impugned order dated 19.02.2025. 3. Per contra learned counsel for the State opposing the submission would submit that after merger of the Tribal Department in the School Education Department, the appointing authority will be the District Education Officer, therefore, he can prefer an appeal to the higher authority of the District Education Officer. He would further submit that the petitioner has alternate and efficacious remedy available to him under the law, therefore, the writ petition at this juncture is not maintainable. 4. I have heard learned counsel for the parties and perused the record. 5. Considering the submission and the fact that imposition of punishment of termination is major penalty and for that remedy of appeal has been provided under Rule 27 of the Chhattisgarh Civil Service (Classification, Control and Appeal) Rules 1966, accordingly, the instant writ petition is disposed of. 6. The petitioner is at liberty to file an appeal before the appellate authority. In the eventuality of preferring an appeal by the petitioner before the appellate authority within 30 days from the date of receipt of copy of this order, the appellate authority will consider and decide the same on its own merit without taking plea of limitation as this Court has already condoned the delay in preferring the appeal. Sd/- (Narendra Kumar Vyas) Judge Bhumika