Sanjay Sahu Vs State of Chhattisgarh

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2024:CGHC:34266

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5382 of 2024

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1 - Sanjay Sahu S/o Shri Rambahoran Sahu Aged About 39 Years R/o House No. 148k, Ward No. 1, Chulghat Road, Thakatpur, District Bilaspur, Chhattisgarh. 495330.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.

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2 - The District Education Officer District Mungeli, Chhattisgarh.

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3 - The Collector District Mungeli, Chhattisgarh.

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4 - The Election Commission Of India Nirvachan Sadan, Ashoka Road, New Delhi

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... Respondents

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For Petitioner	:	Mr. Vinayak Sharma, Adv.
For Respondent/ State	:	Mr. Rishabh Bisen. Panel Lawyer
For RespondentNo.4		Mr.Rakesh KumarJha,Adv.

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({Hon'ble Shri Justice Sachin Singh Rajput})

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Order on Board

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04/09/2024

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The instant petition has been filed seeking following relief:-

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10.1 that, this Hon’ble Court may kindly be pleased to issue an appropriate writ/writs, order/orders, direction/directions thereby quashing the impugned orders

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dated 26.03.2024 & 06.08.2024 ( P/4 & P/8).

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10.2 that, any other relief/ order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.

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Learned counsel for the petitioner submits that the petitioner was working on deputation on the post of Assistant Program Coordinator (APC) at Mungeli (CG). Vide order dated 26.03.2024 Annexure P-4 which is impugned herein, the District Education Officer has repatriated the petitioner to his original place of posting i.e. Government Middle School Barcha, Development Block- Pathariya DistrictMungeli (CG) on the post of Teacher (L. B.). Learned counsel for the petitioner further submits that during the period the impugned order was passed, the model code of conduct was in force therefore, such order could have not been passed without the approval of Election Commission of India or the State Election Commission as the case may be. He further submits that according to the guidelines issued from time to time by the State Government before repatriating the petitioner, there has to be a coordination from Hon’ble Chief Minister. He further submits that after repatriation order is passed, the District Education Officer is entrusting the petitioner with many other responsibilities. Therefore, he submits that the impugned order may be set aside and writ petition may be allowed.

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Opposing the submissions, learned counsel for respondents submits that the impugned order was passed after approval of the Collector who was also the Returning Officer during that period and it cannot be said that the order was passed without violating the model code of conduct. They submit that the impugned order was passed on 26.03.2024 and the petition has been filed in August, 2024, therefore, petition suffers from delay and laches.

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Heard learned counsel for the parties and perused the record.

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Be that as it may, from perusal of Annxure P-4, it appears that the impugned order was passed on 26.03.2024, it also appears that it has been approved by the Collector and as per submissions of learned counsel for the respondents that the Returning Officer look after the affairs of the election in District, therefore, the submission of learned counsel for the petitioner that it is not in violation of model code of conduct,

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cannot sustain. Therefore, I do not find it fit to entertain this petition, the petition sans merit. Even otherwise the petitioner cannot claim any right to remain posted on deputation forever. On a query being asked to learned counsel for the petitioner as to how long he is on deputation, he fairly submits that the petitioner is posted there from 30.09.2022, therefore, considering all aspect of the matter this petition is dismissed.

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Sd/-

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({Sachin Singh Rajput}) JUDGE

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Parul

Sanjay Sahu v. State of Chhattisgarh

Case brief

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Sanjay Sahu v. State of Chhattisgarh

Case brief

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