1 2025:CGHC:28904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3065 of 2017 1 - Sunita Gedam D/o T.R. Gedam, Aged About 42 Years Superintendent Of Tribal Girls Ashram Kui, Block Development Pandariya (Government Service Upper Division Teacher) Civil And Revenue District- Kabirdham Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Scheduled Caste And Scheduled Tribes Development Department, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh 2 – Commissioner, Scheduled Castes and Scheduled Tribes Development Department, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 3 - Collector Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh 4 - District Education Officer, Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh 5 - Block Education Officer, Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ... Respondents For Petitioner : Mr. Vivek Tripathi, Advocate For Respondents/State : Ms. Shailja Shukla, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30/06/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 14.01.2017 and 17.02.2017 (Annexure P/1 & P/2) which relate to order of suspension and stopping one future increment and transfer of the service from Kanya Ashram, Kui to Pre-metric Chhatrawas, Kunda. 10.2 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner together with cost of the petition. 2. Mr. Vivek Tripathi, learned counsel appearing for the petitioner would submit that the petitioner joined his services as an Assistant Teacher in the year 1993 and was promoted to the post of Upper Division Teacher Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.02 11:10:40 +0530 2 in the year 2006. He would contend that the petitioner was posted as the Superintendent of Tribal Girls Hostel Kui, District Kabirdham vide order dated 29.06.2012. On 14.01.2017, the District Collector visited Girls Hostel, Kui but the petitioner was not present in the hostel therefore, issued the order of suspension. The petitioner made a representation before the Collector and the order of suspension was revoked on 17.02.2017 and she was directed to join at Pre-Metric Anusuchit Jati Kanya Chhatrawas, Kunda. The penalty of stoppage of one increment with non-cumulative effect was also passed. He would further submit that despite the order dated 17.02.2017, the petitioner was discharging her duties as a Superintendent of Hostel at Kui and for the first time on 07.07.2017, she was forced to join at Kunda. A report was submitted on 30.06.2017 before the Block Education Officer, Pandariya, wherein it was mentioned that the petitioner is still working at Tribal Girls Hostel, Kui. He would also submit that the order dated 17.02.2017 was never communicated to the petitioner and after 05 months, the respondents are compelling the petitioner to join at Kunda. He would argue that the orders dated 14.01.2017 and 17.02.2017 may be quashed which relate to the suspension, stoppage of one increment and the transfer of services from Tribal Girls Hostel, Kui to Pre-Metric Hostel, Kunda. 3. On the other hand, Ms. Shailja Shukla, learned Deputy Government Advocate appearing for the State/respondents would submit that the order of suspension was revoked vide order dated 17.02.2017. She would contend that the order imposing the penalty of stoppage of one increment was passed by the District Collector (Tribal Development), District Kabirdham on 17.02.2017 and that order is appealable. She would further contend that the petitioner was permitted to discharge 3 her duties at Tribal Girls Hostel, Kui vide order dated 07.10.2017, therefore, the petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of the documents would show that while the petitioner was discharging her functions of the Superintendent, Tribal Girls Hostel, Kui, District Kabirdham, she was placed under suspension vide order dated 14.01.2017 as she was not present when the District Collector visited the Hostel. A show cause notice was issued to the petitioner and a reply was filed. The authority concerned after due consideration inflicted the penalty of stoppage of one increment with non-cumulative effect and the order of suspension was revoked vide order dated 17.02.2017. Annexure R/1 dated 07.10.2017 filed by the respondents would show that the petitioner was permitted to discharge her duties as Superintendent at Tribal Girls Hostel, Kui. 6. Taking into consideration the fact that the order of suspension has already been revoked vide order dated 17.02.2017 and the petitioner has been permitted to work as the Superintendent, Tribal Girls Hostel, Kui pursuant to the order dated 17.10.2017 and further, there is a remedy to prefer an appeal against the order dated 17.02.2017 whereby a penalty of stoppage of one increment was inflicted, this petition is dismissed reserving liberty in favour of the petitioner to avail the remedy available under the law. 7. With the aforesaid observation(s) / direction(s), the petitions is dismissed. Sd/- (Rakesh Mohan Pandey) Judge vatti