-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3241 of 2017 Shiv Mohan Kushwah Late Jai Singh Kushwah Aged About 54 Years Working On The Post Of Dresser Grade I, Primary Health Centre, Darima, R/o C/o Devendra Singh Sikarwar, Near Panchdas Mandir, Ward No. 17, Ambikapur, District Surguja, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh., Chhattisgarh 2 - The Director, Health Services State Of Chhattisgarh, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Joint Director, Health Services, Chhattisgarh, Ambikapur Division, Surguja, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - The Chief Medical And Health Officer, Ambikapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - The Block Medical Officer, Community Health Centre, Dhourpur, Ambikapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 6 - The Block Medical Officer, Community Health Centre, Darima, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Petitioner : Mr. Praveen Dhurandhar, Advocate For State : Mr. Shubham Bajpai, Panel Lawyer Digitally signed by NADIM MOHLE -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.08.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to take charge of his office in the post of dresser before respondent No.6 as per the order of the appellate authority i.e. respondent No.3 dated 27-04-2017. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities to pay the salary to the petitioner. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 2) Facts of the present case in a nutshell are that the petitioner was appointed to the post of Dresser under the respondent department. The petitioner was inflicted with a penalty of stoppage of one increment with non-cumulative effect vide order dated 17.08.2010 and simultaneously transferred from Dumardih to Darima, District Surguja. The petitioner challenged the said order by filing a departmental appeal before the Joint Director/Respondent No.3 on 15.03.2013. The said appeal was dismissed vide order dated 27.04.2017. In the concluding paragraph of the appellate order, it was observed that the petitioner may approach the concerned authority to join services, and the said authority may afford him one opportunity after the publication of a notice in a widely circulated local newspaper. Thereafter, pursuant to such order, the petitioner appeared before the Chief Medical and Health Officer, Ambikapur, District -3- Surguja/Respondent No.4, on 22.06.2017, but he was not permitted to join his services on account of long absence from services. Thereafter, the petitioner filed the instant writ petition. 3) Learned counsel for the petitioner submits that in the departmental enquiry, a penalty of stoppage of one increment with non-cumulative effect was inflicted by the disciplinary authority vide order dated 17.08.2010. Against the said order, an appeal was preferred. He would contend that though the appellate authority dismissed the appeal, it granted liberty to the petitioner to approach the authority to join services, and the said authority would afford one opportunity. He would also submit that it was also observed by the authority that, as the petitioner remained unauthorizedly absent from duty, a departmental enquiry may be initiated against him. 4) Learned counsel for the petitioner further submits that no such departmental enquiry has yet been initiated. It is contended that the petitioner approached the Chief Medical and Health Officer on 22.06.2017, but he has not been permitted to join his duties. He would contend that the action on the part of the respondents is illegal, arbitrary, and malafide. The petitioner, being a Class-III employee, is being harassed without any justification; thus, he prays that this writ petition may be allowed. 5) On the other hand, learned counsel appearing for the State submits that the whereabouts of the petitioner were not known for a long period. Therefore, -4- while deciding the departmental appeal, the appellate authority observed that a notice may be issued to the petitioner through paper publication to join the services. It is further submitted that as the petitioner remained absent from service since 2012 and only approached the Chief Medical and Health Officer on 22.06.2017, he was not permitted to join the services. His joining application was forwarded to the higher authorities. It is also submitted that the Joint Director, Health Services, vide order dated 19.05.2025, has directed the competent authority to initiate a departmental enquiry as the petitioner has remained unauthorizedly absent for more than five years. He would therefore submit that the petition deserves to be dismissed. 6) I have heard learned counsel for the parties and perused the documents placed in the file. 7) The penalty of stoppage of one increment with non-cumulative effect was inflicted upon the petitioner vide order dated 17.08.2010, and simultaneously his services were transferred from Dumardih to Darima. The petitioner remained absent from his duties from the year 2012 and only approached the Chief Medical and Health Officer in June 2017, after the dismissal of his departmental appeal vide order dated 27.04.2017. 8) In the departmental appeal, though the appellate authority observed that the petitioner may approach the concerned authority for joining, but at the same time observed that the petitioner remained absent from services for over five -5- years. When he appeared before the competent authority in the year June, 2017, he was not permitted to resume his duties, and his application was forwarded to the Director, Health Services. 9) The present writ petition was filed on 18.07.2017, when he was not allowed to join the services. 10) On the last date of hearing, the Director, Health Services, was directed to file an affidavit as to why no decision has been taken on the application forwarded to it. An affidavit has now been filed by the State along with a document dated 09.05.2025, which states that the petitioner remained absent from his duties for more than five years and therefore the departmental enquiry has been proposed. If a departmental enquiry has been proposed against the petitioner, the issue of unauthorized absence will be decided by the disciplinary authority. 11) In view of the above, as the petitioner admittedly remained absent from duty for more than five years, and the competent authority has already proposed the initiation of a departmental enquiry against him, this Court is not inclined to grant any relief. Accordingly, the petition stands disposed of with a direction to the competent authority to conclude the departmental enquiry, if initiated, expeditiously, preferably within a period of six months from today. Sd/- (Rakesh Mohan Pandey) Judge Nadim