1 2025:CGHC:18814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2833 of 2025 1 Rajesh Kumar Tamboli S/o C R Tamboli Aged About 51 Years Ward No. 05, Kaser Para, Ratanpur, Distt. Bilaspur (Cg) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (Cg) 2 The Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh 3 Collector Bilaspur (C.G) 4 District Education Officer Bilaspur (Cg) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Ali Asgar, Advocate For Respondent(s)/State :Shri Kanwaljeet singh Saini, P.L. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 25.04.2025 1. By the present writ petition, the petitioner, who is presently posted as Lecturer (High School) Madanpur, Block Bilha is questioning the order dated 08.04.2025 by which the earlier order dated 16.12.2024 has been modified and petitioner has JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.26 12:32:48 +0530 2 been directed to join at Government High School Pandhi, Block Masturi. 2. Learned counsel for the petitioner submits that the order dated 16.12.2024 was passed by the Collector, Bilaspur on the ground that the petitioner was found guilty and was directed to work at Govt High School, Pandhi, Block Bilha but when subsequently it came to the knowledge of the Collector that there is no school namely Govt High School Pandhi Block Bilha, the said order was modified by order dated 08.04.2025 and the petitioner was directed to join at Govt High School, Pandhi Block Masturi. He further submits that the Collector has not stated in the order that how and when the petitioner was found guilty and no opportunity of hearing was granted or show cause notice was issued to the petitioner. Hence, the order is a stigmatic order. He further submits that the petitioner has filed a representation dated 16.04.2025 (Annexure P-5) before the Collector requesting to review the order impugned but the same has not been decided till date. 3. Learned State counsel submits that the impugned order passed by the Collector is just and proper, as the Collector has opined that the petitioner has been found guilty and hence rightly passed the impugned order and there is no illegality in the order. 4. I have heard learned counsel for the parties and perused the order dated 16.12.2024 and 08.04.2025. 3 5. Perusal of order dated 08.04.2025 reflects that the Collector has directed the petitioner to join Govt. High School, Pandhi, Block Masturi on the ground that the petitioner was found guilty, but the Collector has not stated in the order how and when the petitioner was found guilty and whether any complaint was made against the petitioner by any one. Where as, by a non speaking and stigmatic order, the Collector has directed the petitioner to join Govt. High School, Pandhi, Further, perusal of the order of Joint Director (first appellate authority) under the Right to Information Act shows that there is no enquiry or complaint etc made against the petitioner. 6. Considering the same, as there is no compliant or enquiry made against the petitioner, the stigmatic impugned order dated 08.04.2025 (Anenxure P-1) and 16.12.2024 (Annexure P-2) are hereby quashed and the Collector, Bilaspur is directed to decide the representation of the petitioner dated 16.04.2025 within a period of 30 days from the date of receipt of a copy of this order and the Collector is at liberty to pass appropriate orders a fresh, if so desired. 7. With the aforesaid observation, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) Judge Jyoti