(WPS No.1086/2020) CGHC010055342020 2026:CGHC:35379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1086 of 2020 Jai Shanker Prasad, S/o Late Vanshraj Yadav, aged about 38 years, R/o Samta Niwas, Namna Kala, Ambikapur, District Surguja, Chhattisgarh. ... Petitioner versus 1. State of Chhattisgarh, Through the Secretary, Panchayat Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2. Director, Agriculture, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 3. Commissioner, Division Ambikapur, District Surguja, Chhattisgarh. 4. Collector, Balrampur-Ramanujganj, Chhattisgarh. 5. Sub Divisional Officer (Agriculture), Waidrafnagar, District Balrampur-Ramanujganj, Chhattisgarh. 6. Tahsildar, Waidrafnagar, District Balrampur-Ramanujganj, Chhattisgarh. ... Respondents For Petitioner : Mr. Harsh Verma, Advocate. For Respondents : Mr. Rahul Tamaskar, Government Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/08/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.08.12 16:40:38 +0530 (WPS No.1086/2020) 1. The petitioner has preferred this writ petition calling in question legality, validity and correctness of the order Annexure P-1 dated 30- 11-2019 passed by the Commissioner, Surguja Division, Ambikapur, by which the learned Commissioner has placed him under suspension as per Rule 9(1)(a) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short, ‘the Rules of 1966’). 2. Mr. Harsh Verma, learned counsel appearing on behalf of the petitioner, would submit that the petitioner was appointed as Rural Agriculture Extension Officer by the Director, Agriculture, on 19-1- 2018 and admittedly, he is a Class-III officer. It is the case of the petitioner that as per circular dated 4th August, 2008, issued by the State of Chhattisgarh, the Commissioner has power to impose minor penalty including suspension upon a Class-II Officer only and, therefore, the order impugned passed by the Commissioner is without jurisdiction and without authority of law. 3. Mr. Rahul Tamaskar, learned Government Advocate appearing on behalf of the State/respondents, would oppose the writ petition and support the impugned order. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the material available on record with utmost circumspection. 5. It is stated at the Bar by learned counsel for the parties that the petitioner being Rural Agriculture Extension Officer is a Class-III (WPS No.1086/2020) officer and the circular dated 4th August, 2008 authorises the Commissioner only to impose minor penalty under Rule 10(i) to (iv) of the Rules of 1966 upon Class-II officers, meaning thereby, the Commissioner has power to place only Class-II officers on suspension and the petitioner herein being a Class-III officer, the learned Commissioner could not have placed him under suspension in light of the circular dated 4th August, 2008, which states as under:- NRrhlx<+ 'kklu lkekU; iz'kklu foHkkx ea=ky; nkÅ dY;k.k flag Hkou] jk;iqj&492001 @@vf/klwpuk@@ jk;iqj] fnukad 4 vxLr] 2008 dzekad ,Q 3&1@2007@1&3%& bl foHkkx ds vf/klwpuk dzekad lh&6&5&97&3&1] fnukad 13@08@1997 dks izfrlag`r djrs gq, NRrhlx<+ flfoy lsok ¼oxhZdj.k] fu;a=.k rFkk vihy½ fu;e] 1966 ds fu;e&12 ds mifu;e ¼2½ ds [k.M ¼d½ rFkk ¼[k½ ds vuqlj.k esa] NRrhlx< ds jkT;iky] jkT; ds leLr laHkkxh; vk;qDrksa dks muds vius&vius laHkkxksa esa inLFk jkT; 'kklu ds lHkh foHkkxksa ds f}rh; Js.kh ds ¼U;kf;d lsok rFkk iqfyl foHkkx ds vf/kdkfj;ksa ls fHkUu½ 'kkldh; lsodksa ds laca/k esa mDr fu;eksa ds fu;e&10 ds [k.M ¼,d½ ls ¼pkj½ esa fofufnZ"V 'kkfLr;ka vf/kjksfir djus gsrq ,rn~}kjk l'kDr djrs gSaA NRrhlx<+ ds jkT;iky ds uke ls rFkk vkns'kkuqlkj] lgh@& ¼Ogh-ds-jk;½ mi lfpo NRrhlx< 'kklu lkekU; iz'kklu foHkkx 6. Accordingly, the order impugned dated 30-11-2019 (Annexure P-1) passed by the Commissioner, Surguja Division, Ambikapur, is quashed and the writ petition is allowed to the extent indicated herein-above with no order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma