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2025 DAILYLAW 13969 (CHH)

Bharat Lal Sahu v. State Of Chhattisgarh

WPS/5411/2017 · 2025-08-03

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2025

Judgment text

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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5411 of 2017 1 - Bharat Lal Sahu S/o Shri Gendram Sahu, Aged About 46 Years Working As Assistant Revenue Inspector, Municipal Corporation, Bilaspur, Tah. And Distt. Bilaspur Civil And Revenue Distt. Bilaspur Chhattisgarh., Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Raipur, District Raipur Chhattisgarh., Chhattisgarh 2 - Director, Department Of Urban Administration And Development, R. D. A. Bhavan, District Raipur Chhattisgarh. , District : Raipur, Chhattisgarh 3 - The Commissioner, Municipal Corporation, Bilaspur, District Bilaspur Chhattisgarh. , District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Mr. M.K. Sinha, Advocate For State : Mr. Topilal Bareth, PL For respondent No.3 : Mr. Abhijeet Mishra, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04.08.2025 1. Mr. Sinha, the learned counsel appearing for the petitioner would submit that initially, an order of stoppage of increment with cumulative effect was passed and vide order dated 24.06.201,6 it was modified from cumulative effect to non-cumulative effect. He would fairly submit that the order passed by the Deputy Commissioner, Municipal Corporation, Bilaspur is appealable according to the provisions of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966, therefore, the REKHA SINGH -2- petitioner may be permitted to prefer an appeal before the appropriate authority. 2. On the other hand, learned counsel appearing for the respondents would oppose. 3. Heard the learned counsel appearing for the parties and perused the documents placed on record. 4. Taking into consideration the limited prayer made by Mr. Sinha, this petition at this juncture is disposed of reserving liberty in favour of the petitioner to prefer an appeal before the Appellate Authority and in turn, the authority concerned is directed to decide the departmental appeal expeditiously strictly in accordance with law. 5. The issue of limitation shall be considered taking a lenient view as this petition remained pending before this Court for a considerable period. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of Sd/- (Rakesh Mohan Pandey) Judge Rekha