MP RATHOR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition the petitioner seeks to quash the order dated 04.05.2010 (Annexure - P/9) passed by the Secretary to the Government of Chhattisgarh, Department of Revenue and Disaster Management.

(2.) The facts, in brief, are that earlier the petitioner challenged the departmental enquiry proceedings before this Court in W. P. No. 4743 of 2005. The said petition was dismissed by this Court on 28.04.2009 (Annexure - P/1), however, liberty was granted to the petitioner to take recourse on all the grounds available to him under the provisions of law, if so advised. Thereafter, the petitioner preferred an appeal before the Commissioner, Bilaspur Division, Bilaspur on 12.05.2009 (Annexure - P/2). The said appeal was allowed on 25.06.2009 (Annexure - P/3). Consequent thereupon, the petitioner joined the service on 07.07.2009 (Annexure - P/4). Thereafter, the Collector sought a direction from the respondent No.1. The respondent No.1 suggested to file an appeal before the appropriate authority.

(3.) Thereafter, the Collector preferred a revision against the order dated 25.06.2009, passed by the Commissioner, Bilaspur Division before the State Government. The petitioner filed an application on 12.04.2010 {sic 03.04.2010 (Annexure - P/8)} in the said revision, to afford an opportunity of hearing to him. The Secretary, by the impugned order dated 04.05.2009 (Annexure - P/9) held that since the question of jurisdiction was being considered, there was no necessity to afford the opportunity of hearing to the petitioner and consequently, the order dated 25.06.2009, passed in appeal by the Commissioner, Bilaspur Division, was quashed.