R.K. CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the present writ petition, the petitioner, is questioning the order of suspension dtd. 8/1/2025 (Annexure P-2) and the order dtd. 26/3/2025 (Annexure P-1) by which the Under Secretary, Department of Higher Education, has rejected the appeal preferred by the petitioner under Rule 23 of the C.G. Civil Services (classification, Control and Appeal) Rules, 1966 (hereinafter referred as Rules, 1966) on the ground that it is not maintainable. Though, the appeal has been preferred before the competent authority i.e. the Secretary, Department of Higher Education, however the Under Secretary, Department of Higher Education who has passed the order of suspension, himself has rejected the appeal on the ground that the appeal has not been preferred before the competent authority and, as such, the same is not maintainable.

(2.) Learned counsel for the petitioner submits that impugned order dtd. 26/3/2025 (Annexure P-1) issued by the Under Secretary is absolutely illegal and arbitrary, as the appeal (Annexure P-10) has been preferred before the Secretary but has been decided by the Under Secretary, who is not at all authorized to decide the appeal under the law.

(3.) Learned State counsel on instructions submits that the appeal of the petitioner has wrongly been decided by the Under Secretary and the appeal will be decided by the Secretary, Department of Higher Education within stipulated period.