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2019 DAILYLAW 1344 (CHH)

NARAYAN KUMAR SAHU v. THE STATE OF CHHATTISGARH

WPS/764/2019 · 2026-08-13

Shri Sanjay K Agrawal

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Judgment text

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1 WPS No. 764 of 2019 CGHC010035582019 2026:CGHC:36402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 764 of 2019  Narayan Kumar Sahu S/o Late Paltoo Ram Sahu Aged About 60 Years, Principal Government Higher Secondary School, Kochwahi, Block Gurur, District - Balod Chhattisgarh. ... Petitioner versus 1. The State Government of Chhattisgarh Through The Secretary, Tribal Development Department Ministry, Mahanadi Bhavan, Police Station Rakhi New Raipur Chhattisgarh. 2. Collector, Tribal Development, Balod Chhattisgarh. ... Respondents For Petitioner :- Mr. Vinod Kumar Sharma, Advocate. For State :- Mr. Sharad Mishra, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/08/2026 1. The petitioner has challenged the order Annexure P/1 passed by the Commissioner whereby his appeal has been dismissed affirming the order of the Collector imposing stoppage of 4 increment with cumulative effect and also directing for the recovery. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 WPS No. 764 of 2019 2. Mr. Vinod Kumar Sharma, learned counsel for the petitioner would submit that imposing the major as well as minor penalty is unsustainable and bad in law and, therefore, the order passed by the Collector and Commissioner both are liable to be dismissed. 3. Mr. Sharad Mishra, learned State counsel, would oppose the prayer made by learned counsel for the petitioner and support the impugned order. 4. I have heard learned counsel for the parties, considered their rivals submissions made herein above and gone through the records precisely. 5. Ordinarily, this Court could not have interfered with the punishment awarded by the Disciplinary Authority affirmed by the Appellate Authority, but, taking into consideration the facts that the petitioner has been imposed with major penalty i.e. stoppage of 4 increment with cumulative and also imposed with recovery which appears to be excessive, therefore, stoppage of 4 increment with cumulative effect is modified to non-cumulative effect, however, remaining part of the impugned order shall remain as it is. Accordingly, the order of Disciplinary Authority and Appellate Authority are modified to the extent indicated herein above and this petition is partly allowed to the extent indicated herein above. Sd/- (Sanjay K. Agrawal) Judge Ankit