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  1. Home/
  2. Library/
  3. High Court Of Chhattisgarh/
  4. 2024/
  5. September

Dilip Kesri vs. State of Chhattisgarh

Decided on 30 September 2024• Citation: WPS/6132/2024• High Court of Chhattisgarh
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                                                                  Page No.1         
                                                         2024:CGHC:38555            
                                                                  NAFR              
                      HIGH COURT  OF  CHHATTISGARH    AT BILASPUR                   
                                    WPS No. 6132 of 2024                            
                1 - Dilip Kesri S/o Shri Madhav Sao Kesri Aged About 59 Years Occupation -
                Service, Class - Iv Employee ( Pump Operator ), Nagar Panchayat -   
                Ramanujganj, District - Balrampur - Ramanujganj, Chhattisgarh.      
                                                              ... Petitioner        
                                          versus                                    
                1 - State Of Chhattisgarh Through The Secretary, Department Of Urban
                Development, New Mantralaya, Mahanadi Bhawan, New  Raipur,          
                Chhattisgarh.                                                       
                2 - The Secretary, Department Of General Administration, New Mantralaya,
                Mahanadi     Bhawan,      New      Raipur,     Chhattisgarh.        
                3 - The Director Department Of Urban Development, Vikas Bhawan, Ground
                Floor, Sector-19, North Block, Nawa   Raipur, Atal  Nagar           
                4-The     Collector    District-Balrampur-Ramanujganj,Chhattisgarh. 
                5 - The Joint Director Department Of Urban Development, Surguja Division,
                Ambikapur,District-Surguja,Chhattisgarh.                            
                6- The Chief Municipal Officer Nagar Panchayat - Ramanujganj, District -
                Balrampur - Ramanujganj, Chhattisgarh.                              
                                                            ... Respondents         
                _________________________________________________________           
                For Petitioner      :   Mr. Vivek Bhakta Advocate                   
                For State.          :   Mr. Rishabh Bisen, PL.                      
                -----------------------------------------------------------------------------------------------
                           Hon'ble Shri Justice Parth Prateem Sahu                  
                                     Order On Board                                 
                30/09/2024                                                          
                1.   Petitioner has filed this petition seeking following relief (s) :-
                         “10.1That the Hon'ble Court may kindly be pleased to       
         Digitally signed call for the entire records of the case from the          
         by NISHA                                                                   
    NISHA                                                                           
         DUBEY                                                                      
    DUBEY Date:                                                                     
         2024.10.03                                                                 
         10:32:41 +0530                                                             

                                                                  Page No.2         
                         authorities concerned for its kind perusal.                
                         10.2 That the Hon'ble High Court may kindly be             
                         pleased to direct the Respondent No.06 (i.e. The           
                         Chief  Municipal  Officer, Nagar  Panchayat                
                         Ramanujganj, Distt. Balrampur Ramanujganj) to              
                         examine, consider & decide, the reply filed by the         
                         petitioner on 05.03.2024 (Annexure P-2) after              
                         providing appropriate opportunity of hearing, and          
                         release the salary of the Petitioner for February          
                         2024, within stipulated period, in the interest of         
                         justice.                                                   
                         10.3 That the Hon'ble High Court may kindly be             
                         pleased to set-aside the withholding / stopping of         
                         salary of February, 2024 as mentioned in order dated       
                         04.03.2024 (Annexure P-1),                                 
                         10.4 Any other relief, which this Hon'ble High Court       
                         deems fit and proper, in the interest of justice.”         
                  2. Learned counsel for the petitioner submits that respondent No.6
                     issued show cause notice to the petitioner. He submitted reply to
                     the show cause notice, however, thereafter no order has been   
                     passed. He contended that based on the allegation made in      
                     show cause notice, salary of the month of February, 2024 has   
                     been withheld. As no decision has been taken on the reply to the
                     show cause notice submitted by petitioner, respondents are not 
                     disbursing the salary by February, 2024, therefore, direction be
                     issued to respondent No.6 to pass orders on the reply submitted
                     by petitioner to the show cause notice, at the earliest.       
                  3. Considering the submission made by counsel for petitioner as   
                     also the documents placed on record. Submission of counsel for 
                     petitioner is that he has already submitted reply to the show  
                     cause notice, however, thereafter no order has been passed.    

                                                                  Page No.3         
                  4. In the aforementioned facts of the case, at this stage, the writ
                     petition is disposed of directing respondent No.6 to pass orders
                     on the show cause notice, considering the reply submitted by   
                     petitioner expeditiously preferably within a period of three weeks
                     from the date of receipt of the order.                         
                                                         Sd/-                       
                                                   (Parth Prateem Sahu)             
                                                         Judge                      
      Nisha