Disposed

Bhagwat Prasad Sahu v. State Of Chhattisgarh

Chhattisgarh HC23 Oct 2024WPS/1996/2017

Case brief

AI extract

What is this about?

Petitioner's deputation as Block Resource Centre Coordinator was terminated by the Collector though his appointment had been made by the State Government. Holding that the Collector lacked jurisdiction to pass such an order, the High Court set aside the termination and left the competent authority free to pass a fresh order on administrative exigency.

What the court decided

AI extract

Bhagwat Prasad Sahu Vs State Of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

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(WPS No. 1996 of 2017)

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2024:CGHC:42164

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1996 of 2017

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1 - Bhagwat Prasad Sahu S/o Shri Chand Ram Sahu, Aged About 55 Years Presently Posted As Block Resource Coordinator B R C At Rajeev Gandhi Shiksha Mission, Masturi District Bilaspur, R/o Village Khaira, Tahsil Masturi District Bilaspur Chhattisgarh

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---- Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

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2 - Director, Directorate Of Public Instruction, Raipur Chhattisgarh.

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3 - Collector, Bilaspur District Bilaspur Chhattisgarh.

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4 - Rajeev Gandhi Shiksha Mission, Sarv Shiksha Abhiyan, Through Its Mission Director, State Project Office Raipur District Raipur Chhattisgarh.

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5 - District Education Officer, Bilaspur District Bilaspur Chhattisgarh.

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6 - Block Education Officer, Masturi District Bilaspur Chhattisgarh.

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---- Respondents

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(Cause title taken from the Case Information System)

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For	Petitioner	:- Ms. Diksha Gouraha, Advocate on behalf of Mr. Mateen Siddiqui, Advocate
For	State	:- Mr. Sharad Mishra, Panel Lawyer
For	Responden	t
No.	4	:- Mr. Saurabh Shukla, Advocate on behalf
		of Mr. A.S. Kachhwaha, Advocate

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2 / 3

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(WPS No. 1996 of 2017)

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

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24.10.2024

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1. Heard.

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2. Learned counsel for the petitioner submits that the petitioner was transferred/appointed to the post of Block Resource Centre Coordinator (BRCC) at Masturi vide order dated 19.07.2012 (Annexure P/4) passed by the State Government, Department of Education, Mantralaya, Raipur. However, vide the impugned order dated 01.04.2017 (Annexure P/1), the Collector, Bilaspur, has ended the deputation of the petitioner on the post of BRCC and released him to join at his earlier posting at Government Girls Higher Secondary School, Masturi, which is without jurisdiction and authority of law.

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3. On the other hand, learned State Counsel would support the impugned order.

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4. Considering the facts and circumstances of the case and especially considering the fact that the order of transfer/appointment of the petitioner to the post of Block Resource Centre Coordinator (BRCC) at Masturi was passed by the State Government, but the impugned order ending the deputation of the petitioner on the said post has been passed by the Collector, Bilaspur, therefore, the

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3 / 3

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(WPS No. 1996 of 2017)

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impugned order dated 01.04.2017 (Annexure P/1), passed by the Collector, Bilaspur, is hereby set aside. However, the respondent/competent authority is at liberty to pass fresh order looking to the administrative exigency, if any.

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5. With the aforesaid observations and directions, this writ petition stands finally disposed of . No cost.

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Bhagwat Prasad Sahu v. State Of Chhattisgarh

Case brief

What is this about?

What the court decided

Bhagwat Prasad Sahu v. State Of Chhattisgarh

Case brief

What is this about?

What the court decided

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