The High Court of Chhattisgarh rejected the writ petition filed by an Up-Sarpanch challenging a Commissioner's order that reinstated a removed Panchayat Secretary. The Court held the petitioner lacked locus standi because the order was complied with and the aggrieved party had previously withdrawn a similar challenge.
The writ petition is rejected.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 3044 of 2022
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh
2. The Commissioner, Ambikapur, Gurunanak Chowk, Division Sarguja, District : Surguja (Ambikapur), Chhattisgarh
3. The Collector, Balrampur, District Balrampur, Ramanujganj Chhattisgarh.
4. The Deputy Director Panchayat Balrampur, District Balrampur Ramanujganj, Chhattisgarh.
5. The Chief Executive Officer, Jila Panchayat, Balrampur, District Balrampur, Ramanujganj, Chhattisgarh.
6. The Chief Executive Officer, Janpad Panchayat, Wadrafnagar, District Balrampur Ramanujganj, Chhattisgarh.
7. The District Audit Officer, Office Deputy Director, Balrampur District Balrampur Ramanujganj, Chhattisgarh.
8. Smt. Seema Jaiswal W/o Pawan Jaiswal, Secretary, Gram Panchayat Tugwa, Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj, Chhattisgarh.
---- Respondents
For Petitioner For State
: Mr. Gyan Prakash Shukla, Advocate : Mr. Aditya Tiwari, P.L.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
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12.07.2022
1. Aggrieved by the order dated 10.08.2021 passed by the Commissioner, Sarguja the instant writ petition has been filed. Vide the impugned order the Commissioner has set aside the order of removal from the post of Panchayat Secretary of respondent no.8 on 08.08.2019. Thereafter, the order of the Commissioner has also been acted upon vide order dated 27.05.2022 wherein respondent no.8 has been reinstated as a Panchayat Secretary.
2. The petitioner is the Up-Sarpanch of Gram Panchayat, Tugwa and has now filed the present writ petition assailing the order of the Commissioner setting aside the order of removal of the service of respondent no.8.
3. This Court at the outset is of the view that the petitioner as such does not have any locus in challenging the order of the Commissioner more particularly when the respondent-State as also the Chief Executive Officer, Zila Panchayat is not aggrieved by the order of the Commissioner and also for the reason that the order stands complied with as early as on 27.05.2022 without any further challenge.
4. Another reason why this Court is not inclined to entertain the writ petition, is that, against the order passed by the Commissioner the then Sarpanch Smt. Ramauwa Singhh had already filed a writ petition before this Court vide WPC No.4423/2021 which for some reason has already been withdrawn by the said Sarpanch. Now the petitioner who is the Up-Sarpanch has filed the present writ petition.
5. The order under challenge before the Commissioner was the order of removal by the Chief Executive Officer, Zila Panchayat dated 08.08.2019. Even if the petitioner would have been a complainant,
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the fact that the complaint was taken note by the respondent authorities and thereafter an order was passed in accordance with law removing the respondent no.8. The dispute thereafter would be only between respondent no.8 and that of the respondent-State. The petitioner at this stage does not have any locus either to intervene in the proceeding of removal of the service of respondent no.8 or any proceeding thereafter. In the instant case, the order of the appellate authority i.e. the Commissioner dated 10.08.2021 has not been challenged by any of other respondents and thus by efflux of time the same has attained finality.
6. For the given reasons, this Court is not inclined to entertain the writ petition on the ground of locus of the petitioner himself. The writ petition fails and is accordingly rejected.
Sd/(P. Sam Koshy) Judge
Khatai
2 issues framed by the court
Whether the petitioner has locus standi to challenge the Commissioner's order setting aside the removal of the Panchayat Secretary.
Whether the writ petition should be entertained given the order stands complied with and another petition on the same matter was withdrawn.
1 provisions across 1 enactments
Vijaynath Bais
State Of Chhattisgarh
Smt. Seema Jaiswal
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
