DHIRAJ KUMAR ARYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Awadh Tripathi, learned counsel for the appellant. Also heard Mr. Vinay Pandey, learned Deputy Advocate General, appearing for the Respondents/State and Mr. Rakesh Jha, learned counsel for respondent No.2.

(2.) The appellant has filed this writ appeal against the order dtd. 28/11/2023 passed by the learned Single Judge in Writ Petition (S) No. 3526/2023 (Dheeraj Kumar Arya Vs. State of Chhattisgarh and Others), by which the learned Single Judge has dismissed the writ petition filed by the writ petitioner / appellant herein.

(3.) Brief facts necessary for disposal of this writ appeal are that the appellant who is working as Assistant Grade-III and posted at Office of Block Education Officer, Korba vide order dtd. 17/2/2023 has challenged the attachment orders dtd. 2/5/2023 and 4/5/2023 by which the appellant has been attached in the Office of Collector-cum-District Election Officer, Korba and has also prayed that suspension order dtd. 11/5/2023 issued by the Collector-cum-District Election Officer be kindly set aside on the count that suspension order has been issued without jurisdiction as respondent No.3 is neither appointing authority nor the employer of the appellant. It has also been contended that the show cause notice dtd. 11/5/2023 was issued to him and without waiting for reply, the suspension order dtd. 11/5/2023 has been passed directing the appellant posting him at Tahsil Office Pasan, which is not under the control of the Education Department. It has also been contended that the appellant will not be able to get salary as last pay certificate cannot be transferred to Revenue Department as the appellant is an employee of the Education Department. To substantiate his submission, the appellant has referred to various circulars dtd. 31/7/2006, 11/8/2015, 19/6/1997, 22/11/1984, 21/1/1986. The appellant has filed writ petition being WPS No.3526/2023 for quashing / setting-aside the the suspension order dtd. 11/5/2023 passed by respondent No.3.