1 2025:CGHC:9223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1369 of 2025 1 - Shiv Lal Sahu S/o Dubel Ram Sahu Aged About 42 Years Presently Posted As Head Constable Chhattisgarh Armed Force At 19 Pokhran Battalion Karanpur Jagdalpur District - Bastar (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Home Mantralaya Mahanadi Bhawan Naya Raipur District - Raipur (C.G.) 2 - Director General Of Police Police Head Quarters Atal Nagar District - Raipur (C.G.) 3 - Deputy Inspector General Of Police Chhattisgarh Armed Force South Range Baster Jagdalpur District - Bastar (C.G.) 4 - Commandent C.T.J. W. College Kanker District - Kanker (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Ms. Diksha Gouraha, Advocate. For Respondent/State : Shri Saumitra Kesharwani, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.24 20:01:22 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 21.02.2025 1. Ms. Diksha Gouraha, learned counsel for the petitioner submits that the petitioner has been given Grade C (Average) in his annual confidential report for the year 2021-22. An appeal was filed against that grading, however, the appellate authority has also declined to improve the grading given in the annual confidential report. A representation was moved by the petitioner before the Assistant Commandant, CTJW College, Kanker. His representation was decided stating that the petitioner has approached the High Court by filing a petition which is disregard of the orders of the higher authorities, as such the conduct of the petitioner is doubtful and his integrity is also doubtful. Learned counsel further submits that only on the ground that the petitioner has filed a petition before this Court challenging his transfer, the present impugned order cannot be passed. It is against the law. In para 8.11 of the instant writ petition, it is submitted as under: “8.11 That, the petitioner has completed the 13 years (2013- till date) of his service period in a scheduled area i.e. Kanker, bastar, Jagdalpur and as per the guideline circulated in a State Circular punished on 03/06/2015 by State. The clause 1.7 of the said circular is being quoted herein below: अनुसूचित ्ቌे्ቔ में पदस्थापना अवचि के गोपनीय ्ቚचितवेदनों में अंकिकत "ग" ्ቦेणी को "ख" ्ቦेणी तथा "ख" ्ቦेणी को "क" ्ቦेणी मान्य कर सके गी, किकन्तु "क" ्ቦेणी को "क+" तथा "घ" ्ቦेणी को "ग" ्ቦेणी मान्य नहीं 3 किकया जा सके गा, ्ቦेणी उ्ቐयन का लाभ के वल अनुसूचित ्ቌे्ቔ में पदस्थापना की अवचि के गोपनीय ्ቚचितवेदन के किकये ही ्ቚा्቎ होगा. Copy of the circular Dated 03/06/2015 issued by the GAD, State of C.G.is annexed as ANNEXURE P/8.” 2. Learned counsel for the State/respondents submits that the grading in the annual confidential report has rightly been given to the petitioner and it is not required to be improved. 3. Considering the facts and circumstances of the case and further considering the reasons assigned by the authority concerned for giving the Grading C, this Court is of the opinion that the impugned order dated 03.01.2023 passed by the Deputy Inspector General of Police is palpably illegal and it cannot be passed in such a way, as such the respondents are directed to consider the case of the petitioner for improvement/upgradation of his grading in his annual confidential report in light of the above-quoted circular and to pass appropriate orders afresh in accordance with law. It is made clear that the petitioner has made ground that only due to the reason that he has challenged his transfer order the authorities are biased against him. It is made clear that while passing the fresh orders the authorities concerned shall consider this aspect also. 4. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib