1 2025:CGHC:22481-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 353 of 2025 1 - State of Chhattisgarh Through Its Secretary, Department of Home / Police, Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Director General of Police (DGP) Police Headquarters (PHQ), Sector -19, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - Inspector General of Police (IGP) Constable to Head Constable Promotion Committee, Office of Inspector General of Police, Surguja Range, District Surguja Chhattisgarh. 4 - Superintendent of Police (SP) Office of Superintendent of Police (SP), Surajpur, District Surajpur Chhattisgarh. --- Appellants versus 1 - Rajesh Kumar Patel S/o Shri V.P. Patel Aged About 48 Years R/o Manpur Near Cseb Office, Surajpur, Police Station City Kotwali, Tahsil And District Surajpur Chhattisgarh. 2 - Kameshwar Singh S/o Late Shri Narayan Singh Aged About 43 Years Village and Post - Patna, Police Station And Tahsil Ramanuj Nagar, District Surajpur Chhattisgarh. 3 - Bisunram Painkra S/o Shri Jagdish Ram Painkra Aged About 42 Years R/o Village Raisra, Post Chandramedha P.S. Bhaiyathaan, Tahsil Odigi, District Surajpur Chhattisgarh. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 4 - Jagat Lal Paindra S/o Shri S.S. Paindra Aged About 40 Years R/o Village Banshipur, Post Jarhi, P.S. Bhatgaon, Tahsil Pratappur, District Surajpur Chhattisgarh. 5 - Satyanarayan S/o Shivmangal Singh Aged About 40 Years R/o Village Tulsi, Post Laturi, Police Station Jainagar, Tahsil And District Surajpur Chhattisgarh. 6 - Gaurav Kumar Sharma Constable, Category Unreserved, Office of Sdop, Odegi, District Surajpur Chhattisgarh. 7 - Bihari Kumar Constable, Category - Unreserved, Posted In Police Station Bishrampur, District Surajpur Chhattisgarh. 8 - Mitesh Mishra Constable, Category - Unreserved, Posted In Police Station Jairamnagar, District Surajpur Chhattisgarh. 9 - Vishwaranjan Singh Constable, Category - Unreserved, Posted In Police Station Bhatgaon, District Surajpur Chhattisgarh. 10 - Yuvraj Constable, Category - Unreserved Posted In Office Of S.P. Cyber Cell, Surajpur, District Surajpur Chhattisgarh. --- Respondents For Appellants/State : Mr. Ranbir Singh Marhas, Addl. Adv. General Hon'ble Shri Ravindra Kumar Agrawal, Judge Hon'ble Shri Arvind Kumar Verma , Judge Judgment on Board Per Ravindra Kumar Agrawal , J. 03 .06 .2025 1. Heard Mr. Ranbir Singh Marhas, learned Additional Advocate General for the appellants / State on I.A. No. 02/2025, which is an application for condonation of delay of 108 days in filing the instant appeal. 2. For the reasons mentioned in the application, the same is allowed. Delay in filing the appeal is hereby condoned. With the 3 consent of learned counsel for the parties, the appeal is heard finally. 3. This writ appeal is presented against the order dated 13.12.2024 (Rajesh Kumar Patel & others vs. State of Chhattisgarh and others) passed by learned Single Judge in WPS No. 3338 of 2022, whereby, the writ petition filed by writ petitioners / respondents herein was disposed of by learned Single Judge 4. It has been pointed out by learned State counsel, appearing for the appellants that in an identical matter, Co-ordinate Bench of 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 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 4 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). He further submits that since the facts and issue involved in the present case is identical to that of WA No. 343 of 2025, this appeal may also be disposed of in the same terms. 5. Having considered the submissions made by learned counsel for State/appellants and having gone through the materials available 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 5 appropriate not to take a view other than what has been taken by the Co-ordinate Bench of this Court in WA No. 343 of 2025. 6. Accordingly, the present appeal is dismissed in terms of the order dated 29.05.2025 passed in WA No. 343 of 2025. Sd/- Sd/- (Ravindra Kumar Agrawal) (Arvind Kumar Verma) Judge Judge Rajshekhar