Shri Jawahar Lal Diwan vs. State Of Chhattisgarh
Held
The Court held that the writ petition is dismissed as withdrawn. The petitioner was granted liberty to file a representation before the concerned authority raising his grievance that his seniority should be protected. The State's counsel had submitted that seniority is not affected by transfer, implying that the petitioner's grievance, if raised, might be addressed favorably. No specific findings were made on the merits of the seniority dispute itself, as the petition was withdrawn. The operative direction was to permit the withdrawal with liberty granted.
Facts
The petitioner, Shri Jawahar Lal Diwan, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The petition was directed against the State of Chhattisgarh and its Excise authorities. The petitioner sought to withdraw the petition with liberty to file a representation before the concerned authority regarding the protection of his seniority. The State counsel submitted that seniority is not affected by transfer. The Court then proceeded to dismiss the petition as withdrawn.
Key Issues
1. Whether the petitioner should be granted liberty to file a representation before the concerned authority regarding the protection of his seniority, despite withdrawing the writ petition? Petitioner's contention: The petitioner sought permission to withdraw the writ petition with liberty to file a representation before the concerned authority to raise his grievance that his seniority should be protected. Revenue/State's contention: The learned counsel for the State submitted that the seniority of a person will not be affected due to transfer.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4721 of 2022 Shri Jawahar Lal Diwan S/o Late Shri Manbodhi Ram Diwan, Aged About 61 Years R/o Panchmukhi Hanuman Nagar, Ratna, Bandha, Dhamtari, District : Dhamtari, Chhattisgarh ---- Petitioner Versus
State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax (Excise), Mahandi Bhawan, Atal Nagar, Naya Raipur Post Office And Police Station Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh.
The Excise Commissioner, North Block, Sector 19, Gst Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh.
The District Excise Officer, Dhamtari, District : Dhamtari, Chhattisgarh. ---- Respondents ________________________________________________________ For Petitioner : Mr. Pushkar Sinha, Advocate. For State : Ms. Hameeda Siddiqui, Additional A.G. ________________________________________________________ Hon'ble Shri Justice
Narendra Kumar Vyas Order on Board 07/07
/2022
At the outset, learned counsel for the petitioner seeks permission of this Court to withdraw the instant petition with liberty to file representation before the concerned authority raising his grievance that
The judgment continues below.
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