Gaurav Patel Vs State Of Chhattisgarh And Ors.

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2024:CGHC:42388

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1708 of 2015

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1 - Gaurav Patel S/o Shri Ajay Nath Patel Aged About 28 Years R/o Rajendra Nagar, Post And Thana Bastar, District Bastar At Jagdalpur, Chhattisgarh

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---- Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, New Raipur, Chhattisgarh

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2 - The Director, Urban Administration And Development Department, Indrawati Bhawan, New Raipur, Chhattisgarh

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3 - Joint Director, Urban Administration And Development Department, Baster- Division, Jagdalpur, Chhattisgarh

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4 - The Chief Municipal Officer, Nagar Panchayat, Baster District Bastar, Chhattisgarh

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---- Respondents

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(Cause-title taken from the Case Information System)

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For	Petitioner :- Mr.	Vikash A.	Shrivastava, Advocate
For	State :- Mr.	Pankaj Si	ngh , Panel Lawyer
For	Respondent
No.	4 :-Mr.	Sushobhit	Singh, Advocate

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SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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23.10.2024

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1. This writ petition has been filed by the petitioner seeking direction to the respondent authorities to complete the

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appointment process for the post of Assistant Teacher (Art) and issue appointment order in favour of the suitable candidates.

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2. The facts of the case is that the advertisement for recruitment to the post Lecturer/Teacher/Assistant Teacher was issued on 24.12.2013 (Annexure P/1) by the Chief Municipal Officer, Nagar Panchayat, Bastar/respondent No.4. However, after completion of the aforesaid appointment process, a complaint was made by the petitioner on 29.03.2014 (Annexure P/5) to the Sub Divisional Officer, Revenue, Bastar regarding irregularities committed in the said appointment process. Pursuant to which, the Sub Divisional Officer, Revenue, Bastar sent a report dated 24.05.2014 (Annexure P/6) to the Chief Municipal Officer, Nagar Panchayat, Bastar with regard to irregularities committed in the appointment of the Assistant Teachers. Thereafter, vide letter dated 31.05.2014 (Annexure P/7), the Chief Municipal Officer, Nagar Panchayat, Bastar, revoked the appointment process for the posts of Teacher and Assistant Teacher, on the ground that making new appointments have been banned by the Director, Urban Administration and Development Department/ respondent No.2.

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3. Learned counsel for the petitioner submits that the recruitment process could not have been revoked by the respondents and they may be directed to issue the appointment order in favour of the suitable candidates.

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4. Learned Counsel for the State submits that since the irregularities were reported by the Sub Divisional Officer, Revenue, Bastar in his report dated 24.05.2014 (Annexure P/6) and the appointment process was banned vide order dated 21.05.2014 of the Joint Director/respondent No.3 and, therefore, the Chief Municipal Officer, Nagar Panchayat, Bastar has rightly revoked the subject recruitment process vide order dated 31.05.2014.

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5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the material available on records with utmost circumspection.

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6. In the case at hand, admittedly, the advertisement for the subject recruitment was issued on 24.12.2013 (Annexure P/1) by the Chief Municipal Officer, Nagar Panchayat, Bastar/respondent No.4, but thereafter, following complaint of irregularities, the appointment process for the same was revoked by the Nagar Panchayat, Bastar vide order dated 31.05.2014 (Annexure P/7) in compliance with

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order dated 21.05.2014 (Annexure P/8) passed by the Joint Director, Urban Administration And Development, Baster- Division, Jagdalpur/respondent No.3. However, both the orders dated 31.05.2014 (Annexure P/7) & 21.05.2014 (Annexure P/8), by which the subject appointment process was revoked have not been challenged herein and thereby, they have become final.

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7. In that view of the matter, this writ petition cannot be entertained and the same is accordingly, dismissed. No cost(s).

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Gaurav Patel v. State Of Chhattisgarh And Ors.

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Gaurav Patel v. State Of Chhattisgarh And Ors.

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