Himachal Pradesh High Court
CWP/2905/2011 of SUBHASH CHAND Vs STATE on 30 December 2011
COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.2905/2011-C. Decided on: December 30,2011. Subhash Chand, son of Shri Hira Singh, Resident of Village Bhutli, Post office Bogdhar, Tehsil Sangrah, Teshil Sirmaur, HP, Presently working as Panchayat Secretary (on contract basis) in Gram Panchayat, Shamra,
IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.CWP No.2905/2011-C. Decided on: December 30,2011.
Subhash Chand, son of Shri Hira Singh, Resident of Village Bhutli, Post office Bogdhar, Tehsil Sangrah, Teshil Sirmaur, HP, Presently working as Panchayat Secretary (on contract basis) in Gram Panchayat, Shamra, Tehsil Sangrah, District Sirmour, H.P.
…….Petitioner.
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1. State of Himachal Pradesh through Secretary (Panchayati Raj) to the Government of Himachal Pradesh, Shimla–2. (Panchayati Raj) to the Government of Himachal Pradesh, Shimla–2.
2. The Director Panchayati Raj and Rural Development, SDA Complex, Kasumpti, Shimla-9. SDA Complex, Kasumpti, Shimla-9. 3.The Deputy Commissioner, Sirmaur, District Sirmaur, H.P. H.P.
4. The Chairman Panchayat Samiti, Sangrah, District Sirmaur, HP Sirmaur, HP
5. Block Development Officer-cum-Executive Officer, Panchayat Samiti, Sangrah, District Sirmaur, H.P. Panchayat Samiti, Sangrah, District Sirmaur, H.P.
…….Respondents.
__________________________________________________________
Petition under Article 226 of
the Constitution of India.
Coram
The Hon’ble Mr. Justice V.K. Ahuja, Judge Whether approved for reporting? No.
For the petitioner: Mr.Neel Kamal Sood, Advocate. For the respondents: Mr.J.S. Guleria, Assistant Advocate General for respondents No.1 to 3 & 5. Mr.Inder Dutt, Advocate, for respondent No.4.
---------------------------------------------------------------- Justice V.K. Ahuja,J.(oral):
The petitioner, who was appointed as
Assistant Secretary of Gram Panchayat, Bhutli Manal on 17.11.1999, was working as such and on 7.4.2011, by a show cause notice Annexure P-2, his services were terminated. During the course of arguments, my attention has been drawn to Rule 9 of the Himachal Pradesh Panchayati Raj (Appointment of Panchayat Assistants and Conditions of Service) Rules, 2008 (Annexure P-3), which provides for an appeal to the Deputy Commissioner within a period of 30 days from the order of termination. The petitioner did not avail that remedy and filed the present writ petition challenging the show cause notice Annexure P-2, dated 7.4.2011. The learned counsel for the petitioner submits that he may be permitted to withdraw the petition with liberty to approach the Deputy Commissioner by filing an appeal under the above provisions. The plea is accepted. 2. In view of the above, the present petition is disposed of with liberty to the petitioner to file an appeal before the Deputy Commissioner. The time taken in pursing the present writ petition till today shall be condoned by the Deputy Commissioner in computing the period of limitation. Pending application(s), if any, also stands disposed of accordingly.
Dasti copy.
December 30, 2011
(V.K. Ahuja),
(tilak)
Judge.