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2025 DAILYLAW 20743 (CHH)

RAM PRASAD MARBAL v. STATE OF CHHATTISGARH

WPS/4203/2018 · 2025-03-28

Shri Rakesh Mohan Pandey

Criminal Appealbody2025

Judgment text

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1 2025:CGHC:14996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4203 of 2018 1 - Ram Prasad Marbal S/o Kunram Aged About 71 Years Retd. Head Constable, Excise Department, R/o Village Devki, Via. And P. O. Katnai, Police Station Akaltara, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Excise, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Excise Department, Division Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Commissioner Excise Division, Gwalior Madhya Pradesh (Terminating Authority),, District : Gwalior, Madhya Pradesh 4 - Collector, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - District Excise Officer, Janjgir, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Punit Ruparel, Advocate For Respondents/ State : Ms. Shailja Shukla, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 28-03-2025 1) Learned counsel for the petitioner submits that services of the petitioner, who was holding the post of Constable (Excise) were terminated vide order dated 29.05.1998 by Commissioner Excise Digitally signed by AJINKYA PANSARE Date: 2025.03.28 17:47:37 +0530 2 Division, Gwalior Madhya Pradesh i.e. respondent No. 3 as petitioner was convicted for commission of offense punishable U/s 7 & 13(1)(d) r/w Section 13 of Prevention of Corruption Act by the Special Judge, Bilaspur. He further submits that petitioner was acquitted by this Court vide order dated 01.11.2013 passed in Cr.A. No. 1387 of 1997. He contends that petitioner made a representation before the respondent authorities but no decision has been taken with regard to re- instatement. He further contends that petitioner may be permitted to prefer departmental appeal before the appropriate authority and the authority concerned may be directed to decide it in accordance with law. 2) No objection from other side. 3) Permission granted. 4) Accordingly, the instant petition stands disposed of. However, if the petitioner prefers departmental appeal before the appropriate appellate authority, the said authority is directed to decide the appeal, if so preferred by the petitioner in accordance with law. 5) It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya