Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12522
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1797 of 2025 1 - R. B. Dewangan S/o Late Shri Mannulal Dewangan Aged About 61 Years Presently Posted As Deputy Collector Kawardha, District Kabirdham Chhattisgarh.
... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,
Chhattisgarh. 2 - Chhattisgarh Lok Aayog Gandhi Chowk, Near Kalibadi, Nagar Nirman Bhawan Road, Raipur Chhattisgarh, 492001. 3 - Commissioner Durg Division, District Durg Chhattisgarh. 4 - Additional Collector Durg, District Durg Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Pawan Kumar Kesharwani, Advocate. For Respondents/State : Mr. Vivek Sharma, A.A.G. For Respondent No.2 : Mr. Pragalbha Sharma, Advocate
Hon’ble Shri Bibhu Datta Guru, Judge AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.18 10:44:41 +0530
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Order on Board 17/03/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent No.1 to take a decision on the enquiry report dated 20/12/2023 which has been submitted by the respondent No.3 on 08/02/2024.
2.
Learned counsel for the petitioner would submit that in a departmental enquiry initiated against the present writ petitioner, after conducting departmental enquiry, the Enquiry Officer has submitted a departmental equiry report dated 20/12/2023 (Annexure P-3) before the competent disciplinary authority i.e. the Commissioner/respondent No.3, however, the Commissioner being a disciplinary authority, is not taking any decision on the said enquiry report and he may be directed to take a decision on the enquiry report submitted by the Enquiry Officer Annexure P-3 dated 20/12/2023.
3.
Learned counsel for the State would submit that it is not in dispute that the enquiry report has been submitted on 20/12/2023 by the Enquiry Officer to the Commissioner and if the enquiry report is pending before the Commissioner and no decision has been taken till date, appropriate steps shall be taken for a decision in the departmental enquiry pursuance to the enquiry report Annexure P-3.
4. I have heard learned counsel for the parties and perused the pleadings as well as the Annexure P-3 which is an enquiry
3 report dated 20/12/2023 submitted by the Enquiry Officer, who has conducted the departmental enquiry in respect of the charges leveled against the petitioner.
5. It appears from the pleadings of the petitioner that though the enquiry report has been submitted on 20/12/2023, by which, the Enquiry Officer has not found the petitioner as guilty of the alleged charges and in spite of submission of the enquiry report, no decision has been taken by the disciplinary authority till date. Hence, the writ petition is disposed of with a direction to the Commissioner/respondent No.3 to take a decision on the the enquiry report dated 20/12/22023 which has been submitted by the Enquiry Officer within a period of fifty days from the date of receipt of copy of this order.
6. Accordingly, the writ petition is disposed of. The petitioner is at liberty to apprise the Commissioner/respondent No.3 about the
order of this Court. SD/-
(Bibhu Datta Guru)
Judge Amardeep