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High Court of Chhattisgarh · body

2025 DAILYLAW 23463 (CHH)

STATE OF CHHATTISGARH v. VIJENDRA KUMAR

WA/356/2025 · 2025-06-02

Shri Arvind Kumar Verma, Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:22482-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 356 of 2025 1 - State of Chhattisgarh Through - The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, P.O and P.S. Naya Raipur, District - Raipur, Chhattisgarh 2 - Director General of Police, Raipur Police Head Quarter, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 3 - Inspector General of Police, Surguja Range, Ambikapur, District - Surguja, Chhattisgarh 4 - Superintendent of Police, Balrampur, District - Balrampur - Ramanujganj, Chhattisgarh --- Appellants versus 1 - Vijendra Kumar S/o Shri Ram Sundar Singh Aged About 38 Years Working On The Post Of Constable At Police Out Post Barion, Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. 2 - Vivek Kumar Pandey S/o Shri Pramod Bharti Pandey Aged About 38 Years Working On The Post Of Constable At Police Out Post Wadrafnagar, Police Station Basantpur, Balrampur-Ramanujganj, Chhattisgarh. 3 - Kameshwar Paikra S/o Shri Manijar Ram Paikra Aged About 35 Years Working On The Post Of Constable At P.S. Kusmi, Balrampur- Ramanujganj, Chhattisgarh. 4 - Hirachand Bhaskar S/o Shri Ramlal Ram Aged About 37 Years Working On The Post Of Constable At Police Out Post Barion, Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 5 - 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. 6 - Jaypal Kisportta Working On The Post Of Constable Batch No. 427 At Police Line Balrampur, District Balrampur-Ramanujganj, Chhattisgarh. 7 - Pawan Kumar Singh Working On The Post Of Constable Batch No. 452, P.S. Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. 8 - Pramod Singh Yadav Working On The Post Of Constable Batch No. 445 Presently Posted At Police Out Post Barion, Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. 9 - Pradesh Painkra Working On The Post Of Constable Batch No. 512 Presently Posted At Police Station Samri, District Balrampur- Ramanujganj, Chhattisgarh. 10 - Pranjul Kashyap Working On The Post Of Constable Batch No. 595 Presently Posted At Police Station Trikunda, District Balrampur- Ramanujganj, Chhattisgarh. 11 - Vijay Gupta Working On The Post Of Constable Batch No. 670 Presently Posted At Police Station Chalgali, District Balrampur- Ramanujganj, Chhattisgarh. 12 - Harishankar Yadav Working On The Post Of Constable Batch No. 5423 Presently Posted At S.P. Office Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. 13 - Sandeep Gupta Working On The Post Of Constable Batch No. 477 Presently Posted At S.P. Office Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. 14 - Pradeep Sana Working On The Post Of Constable Batch No. 718 Presently Posted At Police Line Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. 15 - Mukesh Gupta Working On The Post Of Constable Batch No. 37 Presently Posted At Police Station Sanawal, District Balrampur- Ramanujganj, Chhattisgarh. 3 16 - Parmeshwar Sahu Working On The Post Of Constable Batch No. 440 Presently Posted At S.P. Office Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. 17 - Narayan Minj Working On The Post Of Constable Batch No. 485 Presently Posted At S.P. Office, Balrampur, District Balrampur- Ramanujganj, 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 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 (Vijendra Kumar & others vs. State of Chhattisgarh and others) passed by learned Single Judge in WPS No. 4309 of 2022, whereby, the writ petition filed by writ petitioners / respondents herein was disposed of by learned Single Judge 4 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 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. 5 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 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