1 2025:CGHC:27939-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 406 of 2025 1 - State of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur District Raipur Chhattisgarh 2 - Director of General of Police Raipur, Police Headquarter, Atal Nagar, Raipur District Raipur Chhattisgarh 3 - Inspector General of Police, Surguja Range, Ambikapur, District Surguja Chhattisgarh 4 - Suprintendent of Police Balrampur, District Balrampur Chhattisgarh ... Appellants versus 1 - Anil Kumar Tiwari S/o Kanhaiya Tiwari Aged About 26 Years Working On The Post Of Constable At Police Station Karoundha, Kushmi Dstrict Balrampur Ramanujganj Chhattisgarh, Permanent Resident Of Bouripara, Shikari Road, Ambikapur, District Surguja Chhattisgarh, District Surguja (Ambikapur) Chhattisgarh 2 - Mukesh Kumar Mishra S/o Sachidanand Mishra, Aged About 36 Years Working On The Post Of Constable At Police Station Shankargarh, District Balrampur Ramanujganj Chhattisgarh, Permanent R/o Near Pani Tanki Godhanpur Ambikapur, District Surguja Chhattisgarh District Surguja (Ambikapur) Chhattisgarh 3 - Mithilesh Pathak S/o Shri Saheb Pathak Aged About 34 Years Working On The Post Of Constable At Police Station Chando, District Balrampur Ramanujganj Chhattisgarh District Balrampur Chhattisgah 4 - Pradeep Yadav Working On The Post Of Constable Batch No. 406 Presently Posted At Police Out Post Barion, Police Station Rajpur District Balrampur Ramanujganj Chhattisgarh 5 - Jaypal Kispotta, Working On The Post Of Constablebatch No. 427, Police Line Balrampur District Balrampur Ramanujganj Chhattisgarh 6 - Pawan Kumaer Singh Working On The Post Of Constable Batch No. 452, Police Line Rajpur District Balrampur Ramanujganj Chhattisgarh ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 7 - Pramod Singh Yadav Working On The Post Of Constable Batch No. 452, Police Line Rajpur District Balrampur Ramanujganj Chhattisgarh 8 - Pravesh Painkra Working On The Post Of Constable Batch No. 512, Presently Posted As Police Station Samri District Balrampur Ramanujganj Chhattisgarh 9 - Pranjul Kashyap Working On The Post Of Constable Batch No. 595 Presently Posted At Police Station Trikunda, District Balrampur Ramanujganj Chhattisgarh 10 - Vijay Gupta Working On The Post Of Constable Batch No.670, Presently Posted At Police Station Chalgali, District Balrampur Ramanujganj Chhattisgarh 11 - Harishankar Yadav Working On The Post Of Constable Batch No. 595 Presently Posted At S.P Office, Balrampur, District Balrampur Ramanujganj Chhattisgarh 12 - Sandeep Gupta Working On The Post Of Constable Batch No. 595 Presently Posted At S.P. Office Balrampur, District Balrampur Ramanujganj Chhattisgarh 13 - Pradeep Sana Working On The Post Of Constable Batch No. 718, Presently Posted At Police Line, Balrampur, District Balrampur Ramanujganj Chhattisgarh 14 - Mukesh Gupta Working On The Post Of Constable Batch No. 377 Presently Posted At Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh 15 - Parmeshwar Sahu, Working On The Post Of Constable Batch No. 440, Presently Posted At S.P. Office, Balrampur, District Balrampur Ramanujganj Chhattisgarh 16 - Nararyan Minj, Working On The Post Of Constable Batch No. 458, Presently Posted At S.P. Office, Balrampur, District Balrampur Ramanujganj Chhattisgarh (Respondent No. 4 To 16 Were Responmdents No. 5 To 17 In The Original Writ Petition) ... Respondent(s) For Appellant/State : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 3 26 . 06 .202 5 1. Heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/appellants on I.A. No. 01 of 2025, which is an application for condonation of delay of 108 days in filing the instant appeal. 2. For the reasons mentioned in the application, I.A. No. 02/2025 is allowed. Delay in filing the appeal is condoned. 3. The appeal is heard finally. 4. By way of present writ appeal under Section 2 of Sub-Section (1) of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006, the appellants/State, who were respondent Nos. 1 to 4 in writ petition, have challenged the order dated 13.12.2024 (Annexure-A/1) passed by learned Single Judge in WP(S) No. 4362 of 2022 (Anil Kumar Tiwari & Others Vs. State of Chhattisgarh & Others), whereby the writ petition filed by the writ petitioners was disposed of by the learned Single Judge. 5. It has been pointed out by learned counsel for the appellants/State that in an identical matter, this Court had dismissed WA No. 343 of 2025 (State of Chhattisgarh & Others Vs. Avinash Singh & Others) vide order dated 29.05.2025, observing as follows : “9. From perusal of the impugned order, it transpires that learned Single Judge has disposed of the writ petition by observing that the SOP dated 06/08/2021 4 was issued by the respondent No.1 in the name of Hon'ble Governor. Section 51 (2) says that any amendment in Regulation must be notified in the official gazette and thereafter it will come into force. Learned Single Judge further observed that the service rules with regard to the Police Departments were enacted in accordance with the Article 309 of the Constitution of India whereas the State of Chhattisgarh, through Secretary, Department of Home exercising executive power amended the recruitment rules, which is not permissible. He further observed that the State of Chhattisgarh, through Secretary, Department of Home without notifying the amendment in the official gazette, inserted certain amendment in the recruitment rules, which is contrary to the provisions of Section 51 of the Chhattisgarh Police Act, 2007. Learned Single Judge quashed the SOP issued by the respondent No.1 dated 06/08/2021 and granted liberty to the State of Chhattisgarh, Department of Home to frame new SOP, if so advised strictly in accordance with Section 51(2) of the Chhattisgarh Police Act. 2007 and Article 309 of the Constitution of India. 10. Considering the submissions advanced by learned Government Advocate for the appellants, perusing the documents appended with writ petition as also in writ appeal and also considering the finding recorded by learned Single Judge while disposing of the writ petition filed by the writ petitioners / respondents herein, we are of the considered opinion that learned Single Judge has not committed any illegality, irregularity or jurisdictional error in the impugned order warranting interference by this Court. 11. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed. No cost(s).” 5 He further submits that since the facts and issue involved in the present appeal is identical to that of WA No. 343 of 2025, this appeal may also be disposed of in the same terms. 6. Having considered aforesaid submissions made by learned counsel for the appellants/State and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is identical to WA No. 343 of 2025, this Court deems it appropriate not to take a view other than what has been taken in WA No. 343 of 2025. 7. Accordingly, the present appeal is dismissed in terms of the order dated 29.05.2025 passed in WA No. 343 of 2025 (State of Chhattisgarh & Others Vs. Avinash Singh & Others). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra