1 2025:CGHC:19220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2867 of 2025 1 - G.B.K. Xaxa S/o Shri G. Xaxa Aged About 57 Years R/o G-7, Vasundra Vihar, Ambikapur, District Sarguja, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2 - Engineer In Chief Department Of Public Works, Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh 3 - Chief Engineer Department Of Public Works, Division- Ambikapur, District Sarguja, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Sunil Otwani, Advocate. For Respondent(s) : Shri Sanjeev Pandey, Dy. Advocate General. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.30 20:02:08 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 29.04.2025 1. By the present writ petition, the petitioner who is presently working as Assistant Engineer posted at Ambikapur Public Work Department Ambikapur Division preferred the present writ petition seeking a direction towards the respondent authority to conclude the departmental enquiry proceeding pending against the petitioner on the basis of show cause notice which was issued on 30.11.2016 and also a seeking a direction towards the respondent to consider the case of the petitioner for the promotion to the next higher promotional post i.e. Executive Engineer from the date when other similarly situated employees has been granted promotion. 2. Learned counsel for the petitioner submits that the show cause notice was issued by the respondent under Secretary PWD by (Annexure P1) dated 30.11.2016 and on the basis of the said show cause notice two enquiry report has been submitted by the respondent nos. 2 & 3 vide (Annexure P/6) dated 17.08.2021 and 22.11.2024 by exonerating the petitioner from the allegation made in the show cause notice. However, till date the departmental enquiry proceeding which has been initiated pursuance to the show cause notice dated 30.11.2016 has not been concluded and because of the said pendency of the departmental proceeding, the case of the petitioner for promotion to the next higher post i.e. Executive Engineer has been kept in a shield cover and the petitioner is being 3 deprived from promotion to the next higher post i.e. Executive Engineer. Learned counsel further submits that by raising all the grievances the petitioner has submitted a representation to the respondent no. 1 on 02.04.2025 (Annexure P/11) which is pending before the Secretary and writ petition may be disposed of with a direction to the Secretary to consider the grievance of the petitioner and to take a decision on both the grievance i.e. about the conclusion of the departmental enquiry and also for grant of promotion. 3. Learned counsel for the respondent submits that if the representation is still pending it has not been decided by the Secretary, the same shall be considered and a decision will be taken by the respondent Secretary within a period of 45 days from the receipt of the order of this Court. 4. I have heard both the counsels for the parties and perused the pleadings as well as the representation submitted by the petitioner before the Secretary respondent no. 1. 5. It appears from the fact that the show cause notice has been issued to the petitioner on 30.11.2016 and the Enquiry Committee constituted by the department has submitted their report before the competent authority, however till date the respondents have not taken any decision for conclusion of the departmental enquiry and for the said reason the petitioner is being deprived from promotion to the post of Executive Engineer which is the next higher post for promotion of the petitioner. As the representation of the petitioner is pending before the Secretary, which has been filed on 02.04.2025, 4 the respondent no. 1 is directed to decide the grievance of the petitioner and take a decision in accordance with law on the basis of the enquiry report submitted by the respondents within a period of 45 days, if the petitioner found exonerated from the charges leveled against him in the show cause notice dated 30.11.2016, necessary step be taken for consideration of the case of the petitioner for promotion to the post of Executive Engineer which is the next higher post for promotion. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib