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2025 DAILYLAW 20308 (CHH)

NISHANT KUMAR TEKAM v. STATE OF CHHATTISGARH

WPS/3245/2020 · 2025-02-10

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3245 of 2020 1 - Nishant Kumar Tekam S/o Late Shri Bhanu Singh Tekam, Aged About 45 Years R/o Village Saaletola, Post Junvani, Police Station And Tahsil Narharpur, District Kanker Chhattisgarh, District : Kanker, Chhattisgarh 2 - Shravan Kumar Bhaskar, S/o Shri Pandoram Bhaskar, Aged About 49 Years R/o Village Mohpur, Post Vyaskungera, Tahsil Police Station And District Kanker Chhattisgarh, District : Kanker, Chhattisgarh 3 - Daman Lal Thakur, S/o Late Shri Mahanju Ram Thakur, Aged About 37 Years R/o Village And Post Kusumkasha, Police Station Dallirajhra, Tahsil Doundi, District Balod Chhattisgarh, District : Balod, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home/ Police, Mahanadi Bhavan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director General Of Police ( D G P), Police Headquarters ( P H Q), Near Mahanadi Mantralaya, Police Station And Post Rakhi, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Additional Director General Of Police (Administration), Police Headquarters ( P H Q), Police Station And Post Rakhi, Atal Nagar, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Inspector General Of Police ( I G P), Office Of Inspector General Of Police, Lalbag, Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 2 5 - Superintendent Of Police ( S P), Office Of Superintendent Of Police, Bijapur, District Bijapur Chhattisgarh, District : Bijapur, Chhattisgarh 6 - Shivanand Nand S/o Shri Gudnidhi Nand, Aged About 47 Years Sub- Inspector ( M), 14th Battalion, Dhanoura, Balod, District Balod Chhattisgarh, District : Balod, Chhattisgarh 7 - Janak Lal Ratre, Aged About 46 Years Sub Inspector ( M), Office Of S.P., Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioners : Mr. Abhishek Pandey, Advocate. For Respondents No. 1 to 4 /State : Mr. Rajeev Bharat, Govt. Advocate. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 10/02/2025 1. Instant writ petition under Article 226 of the Constitution of India has been filed by the petitioners seeking following reliefs :- (i) That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioners before this Hon’ble Court for its kind perusal. (ii) That, this Hon’ble Court may kindly be pleased to direct respondent No. 2/D.G.P., PHQ, Raipur to decide the claim of the petitioners for promotion from the post of Assistant Sub-Inspector (M) to the post of Sub-Inspector (M) from the year 2015. (iii) That this Hon’ble Court may further be pleased to direct respondents to give suitable compensation to the petitioners for the mental trauma and agony, harassment and hardships suffered by them as also cost of the litigation. 3 2. Learned counsel appearing for the petitioners submits that the petitioners No. 1 to 3 were appointed on the post of Assistant Sub-Inspector (Ministerial) since 2006, thereafter, they have not been granted any further promotion on the post of Sub-Inspector (Ministerial) whereas private respondents No. 6 & 7 namely Shivanand Nand and Janak Lal Ratre, respectively, who were appointed on the post of Assistant Sub-Inspector (Ministerial) in the year 2006 alongwith the petitioners, have been promoted to the post Sub Inspector (Ministerial) in the year 2015. He further submits that this petition may be disposed of directing respondents No. 2 & 3 to consider and decide representations (Annexure P-2 colly.) filed by the petitioners expeditiously. In this regard, the petitioners are also ready to file fresh representation before respondents No. 2 & 3. 3. In reply, learned counsel for the State while referring to its reply would submit that the meeting of Departmental Promotion Committee was held on 06.02.2013 for promotion to the post of Sub Inspector (Ministerial), in which, name of the petitioners were considered for promotion, but since information with respect to their movable property has not been received, therefore, the case was kept in circulation, thereafter, on 24.12.2014, meeting of Departmental Promotion Committee was again convened to consider the names the name of candidates, whose name were kept for promotion in circulation. But since the petitioners had not completed basic training course, therefore, their cases were sent to the Administrative Branch for taking appropriate decision, thereafter, again on 31.03.2015, name of the petitioners were considered for promotion but the same has not been materilized, as there was no vacant post of Sub-Inspector (Ministerial) in the Department. 4. I have heard learned counsel appearing for the parties and perused the material available on record. 5. Having considered the aforesaid contention putfoth by the learned counsel for the State, it seems that respondents – police officials are playing with the future of the petitioners without granting them subsequent promotion on one or the other 4 reason. Such conduct of respondents authorities being superior officers of the petitioner cannot be appreciated. As such, considering the limited prayer made by counsel for the petitioners, this petition stands disposed of granting liberty to the petitioners to file fresh representation for redressal of their grievances before respondents No. 2 & 3 within a period of thirty days from today and, in turn, respondents No. 2 & 3 are directed to decide the same within a further period of 60 days by convening DPC, if required. 6. With the aforesaid observations & directions, this petition stands disposed of. 7. It is made clear, if the grievances of the petitioners is not redresses, then they are at liberty to file fresh petition in accordance with law. Sd/- (Naresh Kumar Chandravanshi) JUDGE Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.02.17 10:40:32 +0530