Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2080
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 212 of 2025 • Laxmi Narayan Dubey S/o Shir J.P. Dubey Aged About 64 Years Assistant Professor (Economics) Government Mata Shabri Naveen Girls P.G. College Seepat Road Bilaspur District - Bilaspur (C.G.)
... Petitioner versus
1. State Of Chhattisgarh Through The Secretary To The Govt. Of Chhattisgarh Department Of Higher Education Mantralaya Mahanadi Bhawan Naya Raipur Raipur District - Raipur (C.G.)
2. The Commissioner Department Of Higher Education Directorate Of Higher Education Indrawati Bhawan Atal Nagar Naya Raipur Raipur District - Raipur (C.G.)
3. The Principal Government Mata Shabri Naveen Girls P.G. College Seepat Road Bilaspur District - Bilaspur (C.G.)
... Respondents For Petitioner : Mr. Anurag Dayal Shrivasatava, Advocate For Respondents : Ms. Poorva Tiwari, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 13/01/2025
1. By way of this petition, petitioner prays for following relief(s):- I. To the respondents to delete the entry regarding imposition of the penalty from the service book of the petitioner in consequence
2 of the order passed by the Hon’ble Court in WPS No. 1720 of 2008. II. Any other relief, which the Hon’ble Court considers proper, may kindly be awarded.
2. Brief facts of the case are that, the petitioner is working as Assistant Professor in Economic in the department of Higher Education and posted at Government Mata Shabri Naveen Girls P.G. College, Seepat Road, Bilaspur. He was subjected to departmental enquiry and penalty of withholding of three increment was imposed vide order dated 13.02.2008. The fact regarding imposition of such penalty was recorded in the service book of the petitioner. The said order dated 20.07.2018 was quashed in the writ petition No. 1720 of 2018. The petitioner has made request to the authorities to remove the entry regarding imposition of penalty from the service book since the said order has been quashed by the Hon’ble High Court but nothing has been done so far and the said entry is concerned and it still remains as it is. Hence, this petition.
3. Learned counsel for the petitioner submits that the petitioner is working as Assistant Professor in Economic in the Department of Higher Education and posted at Government Mata Sabri Naveen Girls P.G. College, Seepat Road, Bilaspur. He further submits that petitioner was subjected to departmental enquiry and order of imposing penalty of withholding three increments with non-cumulative effects was quashed by the Hon’ble High Court vide order dated 20.07.2018 and, as such the said entry in service book was recorded regarding the said penalty should have been corrected in consequence of quashment of the said
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order of punishment. He also submits that the adverse entry in the service book will adversary effect the settlement of the retrial claim of the petitioner.
4. On the other hand, learned counsel for the State has not disputed the facts as mentioned above and he prays for short time to delete said punishment entry from the service book.
5. I have heard learned counsel for the parties and perused the material available on record.
6. From bare perusal of the records and considering the fact that the order of imposing penalty of withholding three increments with non-cumulative effect was quashed by this Court vide
order dated 20.07.2018, as such entry of penalty in service book is not in accordance with law and the same is required to be deleted from the service records. Looking to the aforesaid aspect of the matter respondents authorities are directed to delete the punishment recorded in the service book within a period of two weeks from the receipt of the copy of this order.
7. Accordingly, instant writ petition is disposed of with the aforesaid directions. Sd/-
(Amitendra Kishore Prasad)
JUDGE vaishali
Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.23 17:33:01 +0530