Single-line order dismissing a writ petition challenging a second departmental enquiry without engaging merits, allowing petitioner to raise isses before Disciplinary Authority.
Petitioner allowed to raise grounds before Disciplinary Authority; Court expressed no opinion on merits.
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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 904 OF 2016
Dharam Lal Banjare son of Sudhram Banjare aged about 32 years resident of village Mulethi Police Station Mandir Hassaud Block Arang District Raipur Chhattisgarh
---Petitioner
Versus
----Respondents
| For Petitioner |
: Dr. N.K. Shukla, Sr. Advocate with Mr. Goutam Khetrapal, Advocate |
|---|---|
| For Respondent/State | : Mr. S.P. Kale and Mr. Arun Sao, Dy. A.G. |
Hon’ble Shri Justice Sanjay K. Agrawal Order on Board
01/04/2016
1. Learned counsel for the petitioner would submit
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that by order dated 03/12/2015, petitioner has been subjected to suspension and charge-sheet has been served and departmental enquiry has been instituted. He would further submit that charges framed in this charge sheet and charge sheet issued earlier and concluded by order imposing punishment both are one and the same, therefore, present second departmental enquiry is not maintainable in law and deserves to be quashed.
2. Learned counsel for the State would submit that the petitioner has not filed his reply to the charge-sheet, therefore, the petition is premature and the petitioner is free to file reply raising all such grounds in his reply.
3. Learned counsel for the petitioner would submit that the petitioner may be allowed to raise all the grounds which are raised in this petition including question of similarity of charges and non maintainability of second departmental enquiry before the Disciplinary Authority.
4. Prayer is fair and reasonable, if such a question is raised before the Disciplinary Authority, the Disciplinary Authority would do well to consider and decide the said
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question in accordance with law expeditiously. It is made clear that this Court has not expressed any opinion on merits of the matter.
5. With the aforesaid observation, writ petition stands finally disposed of. No order as to cost(s).
Sd/- (Sanjay K. Agrawal) Judge
Tiwari
Dharam Lal Banjare
State of Chhattisgarh through the Secretary Panchayat and Rural Development Department Mahanadi Bhavan Mantralaya New Raipur Chhattisgarh
The Chief Executive Officer Zila Panchayat Raipur District Raipur Chhattisgarh
The Collector Raipur District Raipur Chhattisgarh
The Chief Executive Officer Janpad Panchayat Arang District Raipur Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
