1 2025:CGHC:41885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2401 of 2023 1 - J.B.S. Chauhan S/o Late Vaidyanath Chauhan Aged About 61 Years R/o Village Saddhu, Original Post Traffic Superintendent (Cidc) In- Charge Chief Municipal Officer, Nagar Panchayat Bhakhara, District Dhamtari (C.G.) Now Incharge Assistant Director Regional Office, Town Administration And Development Jagdalpur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Town Administration And Development Department, Mahanadi Bhawan Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Pankaj Agrawal, Advocate. For Respondent(s)/State : Mr. Ashutosh Shukla, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19/08/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “a. That the Hon'ble Court may kindly be pleased to allow Digitally signed by RAGHVENDRA JAT 2 the petition by quashing suspension order Annexure P/5 dated 15.03.2023 by holding it to in violation of rule 9(2) (b)(li) of C.G. Civil Services (Pension) Rules, 1976 by quashing the same as without authority and illegal. b. Cost of the petition be awarded and C. Any other relief or direction which the Hon'ble Court may deems fit, be also awarded.” 2. Brief facts of the case, is that, the petitioner, who originally belonged to the cadre of Traffic Superintendent in CIDC, was subsequently posted in Hagar Panchayat on 08.09.2022. Thereafter, he was served with a pre-retirement notice of superannuation, indicating that he would retire from service with effect from the afternoon of 31.08.2023. The petitioner had earlier worked as Chief Municipal Officer, Municipal Council, Gariyaband, during the period from 31.01.2017 to 11.01.2019, and thereafter, he was transferred from Municipal Council, Bhakhara, to the post of Assistant Director, Town Administration and Development Department, Regional Office, Jagdalpur, by virtue of order dated 26.09.2022. In pursuance of the said order, the petitioner was relieved from the charge of Chief Municipal Officer, Municipal Council, Bhakhara, by a relieving order dated 30.09.2022. Subsequently, an amendment order was issued on 15.11.2022 modifying the earlier order dated 26.09.2022. It is pertinent to mention here that under Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976, and particularly under Rule 3 2(B)(ii), there exists a specific bar against instituting any departmental inquiry in respect of incidents which took place more than four years prior to the date of retirement of a government servant. In light of the said provision, the order suspending the petitioner on 15.03.2023 is wholly illegal, without jurisdiction, and liable to be set aside. The petitioner, in compliance with the directions, had also submitted his reply on 28.03.2023, which further demonstrates that the proposed suspension has no legal foundation and deserves to be quashed. Furthermore, under Rules 23 and 27 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966, the order of suspension is appealable within a prescribed period of 45 days. However, in the present case, since the suspension order dated 15.03.2023 has been passed by the State Government itself, the petitioner has been rendered remediless and is left with no alternative or efficacious remedy of appeal. Hence, the petitioner is constrained to approach this Hon’ble Court by filing the present writ petition seeking quashing of the suspension order dated 15.03.2023, being arbitrary, illegal, and without authority of law. 3. Learned counsel for the petitioner submits that the suspension order, which had earlier been passed against the petitioner, now stands cancelled, and consequently, the entire departmental 4 enquiry which had been initiated against him has also been brought to a close. He further submits that the aforesaid fact has already been placed on record by way of order dated 05.02.2025. It is urged that the petitioner has already attained the age of superannuation and retired from service, and in the said order it has been specifically directed that, since no financial loss was caused to the department on account of the alleged misconduct, the period of suspension is required to be treated as period spent on duty for all purposes of service. It is further pointed out that the suspension period from 15.03.2023 to 03.07.2023 is liable to be counted as duty period, and accordingly the petitioner is entitled to receive all consequential service benefits for the said period. In view of the same, learned counsel for the petitioner prays that appropriate directions may be issued to the respondent authorities for granting the service and monetary benefits accruing to the petitioner for the aforesaid suspension period. 4. On the other hand, learned counsel appearing for the State submits that necessary orders have already been issued by the competent authority, and in pursuance thereof, the petitioner shall be entitled to and will receive all consequential benefits. It is further pointed out that the said entitlement of the petitioner has already been recognized and secured by virtue of the orders 5 dated 05.02.2025 as well as 28.04.2025, and therefore, there remains no subsisting grievance to be adjudicated upon in the present matter. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the overall facts and circumstances of the present case, and further taking into account the orders dated 05.02.2025 as well as 28.04.2025 issued by the Secretary of the concerned Department, it is expected from the respondent authorities that they shall ensure due compliance of the said orders in their true letter and spirit. Accordingly, the Department is under an obligation to disburse all the amounts which have become payable to the petitioner in consequence of the aforesaid orders, without causing any further delay. It is further expected that the Department shall also take necessary steps to release, within a stipulated time frame, all other retiral dues, including pension and consequential service benefits, so that the petitioner may not be compelled to approach the Court again for redressal of his legitimate grievances. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat