-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4645 of 2022 Smt. Deepti Agarwal W/o Manoj Agrawal Aged About 38 Years Posted As Assistant Director, Directorate- Treasury, Accounts And Pansion, Department Of Finance, State Of Chhattisgarh, Block F-1, Indrawati Bhawan, Nava Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Additional Chief Secretary, Department Of Finance, Atal Nagar, Nava Raipur, Chhattisgarh. 2 - Deputy Secretary Department Of Finance, Atal Nagar, Nava Raipur, Chhattisgarh. 3 - Director Tresury, Accountants And Pension, Block-1, 1st Floor, Indrawati Bhawan, Nava Raipur, Chhattisgarh. 4 - Shri Rajeev Kumar Jhade Deputy Director, Directorate, Treasury, Accounts And Pension, Block-1, 1st Floor, Indrawati Bhawan, Nava Raipur, Chhattisgarh. 5 - Sameer Mishra Sr. Accounts Officer, Directorate Of Culture And Archeology, Mgm Museum, Civil Lines, Near Raj Bhawan, Raipur, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Sushil Kumar, Advocate, holding the brief of Mr. Ashutosh Pandey, Advocate For State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.08.2025 1) In the present petition, the petitioner has sought a direction to the respondents to consider his claim for promotion to the post of Assistant Director (Finance), as the same has not been considered on account of the registration of an FIR Digitally signed by NADIM MOHLE -2- under the provisions of the Prevention of Corruption Act, 1988, and the pendency of a criminal case. 2) Learned counsel for the petitioner would submit that no departmental enquiry has been initiated against the petitioner till date. Even though the investigation of the said criminal case has not been concluded, and therefore the denial of promotion merely on the ground of the registration of the FIR and the pendency of a criminal case is unsustainable in the eyes of the law, thus, he prays to allow the writ petition. 3) On the other hand, learned Panel Lawyer appearing for the State would submit that the FIR has been registered under Sections 7(c) and 13(2) of the Prevention of Corruption Act, 1988. The petitioner had challenged the said FIR by filing W.P. (Cr.) No.82/2021 before this Court, in which an interim order was passed in favour of the petitioner, therefore, the prosecution could not file the charge- sheet against the petitioner. He would also submit that the the case (WPCR No.82 of 20210 has already been disposed of vide order dated 25.07.2023 and investigating officer was directed to conclude the investigation within a period of three weeks and for the period of three weeks, interim relief granted to the petitioner was continued; thus, he submitted that the writ petition deserves to be dismissed. 4) Heard learned counsel for the parties and perused the documents placed in the file. 5) Taking into consideration the fact that the name of the petitioner was placed -3- before the Departmental Promotion Committee for promotion to the post of Assistant Director (Finance), but he was not found suitable on account of the registration of an FIR under Sections 7(c) and 13(2) of the Prevention of Corruption Act, 1988, though the name of the petitioner has been kept in a ‘sealed cover’ and would be considered after the conclusion of the criminal proceedings. The petitioner has preferred W.P.(Cr.) No.82/2021 against the registration of FIR, wherein an interim order has been passed in his favour, therefore, charge-sheet was not filed against him by the investigating officer. 6) With regard to the initiation of departmental enquiry, there is no necessity to initiate a departmental enquiry against the petitioner, since mere registration of a criminal case does not constitute misconduct as defined under the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. The name of the petitioner has been kept in a ‘sealed cover’ and would be considered after the conclusion of the criminal proceedings. 7) In view of the aforesaid facts, I do not find any good ground to interfere in the matter. Accordingly, the writ petition stands dismissed at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nadim