1 2025:CGHC:33508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 267 of 2023 Vijendra Kumar Dhruv S/o Late Shri Amrit Lal Dhruv Aged About 31 Years R/o Village Bendkura, P.O Marauda, Tehsil And District Gariabandh, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Health, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Chhattisgarh 2 - Divisional Joint Director Health Services, Raipur Division, Chhattisgarh 3 - The Chief Medical And Health Officer District Gariabandh, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Aniket Verma, Advocate For Respondents/State : Mr. Abhishek Singh, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 16.07.2025 1. Heard Mr. Aniket Verma, Advocate for the petitioner and Mr. Abhishek Singh, learned Panel Lawyer for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.07.19 15:41:30 +0530 2 2. The petitioner has filed this writ petition with the following relief(s):- “i. To kindly quash the impugned order dated 22/12/2022 ANNEXURE P/1 which cancels the amended order dated 01/09/2022. ii. To kindly quash impugned Show Cause notice dated 22/12/2022 ANNEXURE P/2. iii. To kindly direct the respondent authorities to allow the petitioner to work on the present place of posting. iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 3. Brief facts of the case are that, the petitioner was appointed on post of Assistant Grade-III vide order dated 02/03/2015 passed by the Chief Medical and Health Officer, District Gariaband (Respondent No.3) and the petitioner was posted at the Primary Health Center Madeli, Block Chhura, District-Gariabandh. And as a result, the petitioner joined the aforementioned place of posting on 05/03/2015. The petitioner spent his valuable 7 years of services in the respondent department and eventually got promoted to the next higher post of Assistant Grade-II (Accountant) vide order dated 18/08/2022. The order dated 18/08/2022 mentions the place of posting of the petitioner as Community Health Centre Fingeshwar, Gariabandh. The 3 petitioner preferred a representation to the respondent No.2 setting out the circumstances that created the personal difficulty in being posted at the aforesaid place of posting at the Community Health Centre Fingeshwar. The petitioner specifically mentioned that his wife is also posted at Griyaband and his home is situated at village Bendkura, Gariabandh therefore his place of posting be altered or changed Gariabandh itself which will help him in performing his duties more efficiently. After the promulgation of the order dated 18/08/2022, the petitioner was relieved by the respondent No.3 on 25/08/2022 to join at the Community Health Centre Fingeshwar, Gariabandh and the petitioner himself in compliance of the order dated 18/08/2022 joined the place of posting at the Community Health Centre Fingeshwar, Gariabandhon 25/08/2022. The Chief Medical and Health Officer, Gariabandh also made a proposal to the respondent No.2 vide his letter dated 26/08/2022 that since there is no sanction post of Accountant in his office, the petitioner had been attached under the office arrangement in his office and due to the change of the posting of the petitioner through order dated 18/08/2022, the accounting work would be affected, hence the posting of the petitioner be done in the same office after promotion and to that effect the order dated 18/08/2022 may be amended so as to alter the place of posting of the petitioner. The respondent authorities specifically respondent No.2 while deciding the representation of the petitioner also considered the proposal of the respondent No.2 4 and hence, the order of posting of the petitioner was changed from Community Health Centre Fingeshwar, Gariabandh to Office of Chief Medical and Health Officer, Gariabandh vide amendment order dated 01/09/2022. After the issuance of the amended order dated 01/09/2022 passed by the respondent No.2 itself, the petitioner duly and bonafidely complied with the amended posting order dated 01/09/2022 and joined in-consonance of the amended order at the altered place of posting at the Office of Chief Medical and Health Officer, Gariabandh on 01/09/2022. The impugned order dated 22/12/2022 was also issued by the respondent No.2, whereby the amendment order dated 01/09/2022 was canceled, on the sole ground that the amendment order has been issued in absence of the requisite information. All of sudden the amended order of posting dated 01/09/2022 has been cancelled by the respondent No. 2 vide order dated 22/12/2022 on the alleged ground that the petitioner has not disclosed the fact that he has already joined on the promoted post, which is ex-facie incorrect. The petitioner has made representation before his relieving from the post of Assistant Grade-III at Primary Health Centre Madeli and the proposal was also sent by the Chief Medical and Health Officer, thus the petitioner has not suppressed anything. The respondent No. 2 also issued a predetermined show cause notice on the same fact that why his promotion be not cancelled as he has made representation on false/untrue facts. The respondent No.2 issued the impugned Show Cause Notice dated 22/12/2022 5 to the petitioner thereby stating that the partial amendment dated 01/09/2022 is against rules and also sought clarification from the petitioner as to why his promotion should not be cancelled and further directed the petitioner to file his reply to the above show cause notice. 4. Learned counsel for the petitioner submits that the impugned order and the impugned show cause notice have been passed in a wholly arbitrary, mechanical, and non-application of mind, without considering the material facts and circumstances of the case. The petitioner has not suppressed or concealed any fact from the respondent authorities and had duly disclosed his personal difficulties vide representation dated 25/08/2022 prior to joining the place of posting at Community Health Centre, Fingeshwar. It is further submitted that the respondents themselves, after due consideration of the petitioner’s representation and the recommendation made by Respondent No.3, amended the petitioner’s place of posting from Community Health Centre, Fingeshwar to the Office of the Chief Medical and Health Officer, Gariabandh, by order dated 01/09/2022. The said amendment was made in light of the fact that there was no sanctioned post of Accountant at the earlier place of posting and the petitioner's services were necessary to ensure the smooth functioning of accounting work in the office of Respondent No.3. The impugned show cause notice and the impugned order dated 22/12/2022, cancelling the amended posting order, are 6 unsustainable in law as they proceed on the erroneous presumption that the petitioner had withheld the fact of his joining on the promoted post, whereas it is evident from the record that the petitioner had already made his representation prior to such joining. Learned counsel further submits that there is no rule or legal bar prohibiting amendment of a posting order after the employee has joined, especially when the amendment is made by the same authority for administrative reasons and in the interest of public service. The respondents' contention that such amendment was contrary to rules is wholly baseless and unsupported by any statutory provision. It is further submitted that the petitioner has at all times acted bonafide and in compliance with the orders of the respondents, and the impugned show cause notice appears to have been issued in a predetermined and mechanical manner, threatening to revoke the petitioner’s rightful promotion without any legal justification. The action of the respondents, having themselves amended the posting order upon the petitioner's valid representation and thereafter seeking to cancel the same on untenable grounds, violates the principles of natural justice and fair play and is also barred by the principle of estoppel. Therefore, the impugned show cause notice dated 22/12/2022 and the impugned order canceling the amended posting order are liable to be set aside as arbitrary, illegal, and unsustainable in law. 5. On the other hand, learned State counsel opposes the submissions advanced by the learned counsel for the petitioner 7 and submits that, as per the recommendation of the Review Departmental Promotion Committee (DPC) held on 17/08/2022, for promotion from the post of Assistant Grade-III to Assistant Grade-II, the Office of the Divisional Joint Director, Health Services, Raipur Division, Raipur (CG) issued a promotion order dated 18/08/2022 in respect of the petitioner and others. The name of the petitioner appears at Serial No. 129 in the said promotion order, whereby the petitioner was promoted to the post of Assistant Grade-II and was posted at Community Health Centre, Fingeshwar, District Gariabandh. In compliance with the promotion order, the petitioner was relieved by the Chief Medical and Health Officer, District Gariabandh from the Primary Health Centre, Madeli, Block Chhura, District Gariabandh (CG) on 25/08/2022, for joining at Community Health Centre, Fingeshwar, District Gariabandh. In furtherance of the said order, the petitioner gave his joining on the afterenoon of 25/08/2022 itself, which is evident from his joining report dated 25/08/2022 as well as from the date and signature put by the petitioner therein. It is further submitted that, by suppressing the fact of having already joined at the promotional place, the petitioner made an application/representation on 25/08/2022 itself before the Divisional Joint Director, Health Services, Raipur Division, Raipur (CG) for a change of his place of posting from Community Health Centre, Fingeshwar, District Gariabandh, to the Office of the Chief Medical and Health Officer, District Gariabandh (CG). Considering 8 the grievance of the petitioner and pursuant to the proposal of the Chief Medical and Health Officer, District Gariabandh, dated 26/08/2022, an amended order dated 01/09/2022 was issued by the Divisional Joint Director, Health Services, Raipur (CG), whereby the petitioner was posted to the Office of the Chief Medical and Health Officer, District Gariabandh (CG). Subsequently, a complaint dated 21/11/2022 was made before the Divisional Joint Director, Health Services, Raipur (CG) by one Chetan Kumar Sinha, challenging the amended posting order of the petitioner. Upon examining the said complaint, the Divisional Joint Director, Health Services concluded that the petitioner had already given his joining in compliance with the promotion and posting order dated 18/08/2022 at Community Health Centre, Fingeshwar on 25/08/2022 itself. However, by suppressing this fact, the petitioner made an application for amendment of the posting order. Furthermore, it was found that the Chief Medical and Health Officer had submitted a misleading proposal dated 26/08/2022, and based on this, the amended order dated 01/09/2022 had been issued. Accordingly, the impugned order dated 22/12/2022 was passed, cancelling the amended posting order dated 01/09/2022. It is submitted that there is neither any illegality nor ambiguity in the said cancellation order, as it cannot be said that any executed order has been cancelled. In fact, the order dated 18/08/2022 had already been executed, and the subsequent amendment dated 01/09/2022 was contrary to the 9 rules. The conduct of the petitioner is in violation of Rule 3 of the Chhattisgarh Civil Services (Conduct) Rules, 1965. On account of the said conduct, the impugned show cause notice dated 22/12/2022 was issued to the petitioner, and the petitioner, in turn, submitted his reply to the said show cause notice on 30/12/2022, wherein he himself admitted that he had given his joining in compliance with the order dated 18/08/2022 at Community Health Centre, Fingeshwar on 25/08/2022, and has not suppressed the fact of joining. He has merely requested sympathetic consideration of his grievance for posting at the Office of the Chief Medical and Health Officer, District Gariabandh (CG). Insofar as the challenge raised by the petitioner against the impugned show cause notice is concerned, it is respectfully submitted that the same is not maintainable at this stage, as the petitioner ought to await the decision of the disciplinary authority. Hence, the present petition is premature and not maintainable. 6. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 7. The Co-ordinate Bench of this Court, vide order dated 13.01.2023, has passed the interim order in favour of the petitioner to the following effect :- “Leaned counsel for petitioner submits that petitioner was promoted vide order dated 18.08.2022. Petitioner aggrieved with the place of posting after promotion has 10 submitted representation on 25.08.2022 before Chief Medical and Health Officer, Gariyaband for amending the order of promotion and change of place of posting. Representation was forwarded by Chief Medical and Health Officer, based upon which, respondent No.2 has amended the order of promotion and changed the place of posting of petitioner. He contended that petitioner also joined the promoted place on the same day when the petitioner has submitted representation on the ground that petitioner has to mandatorily joined pursuant to order of promotion otherwise, petitioner could have affected adversely. Respondent No.2 has cancelled the amended order of promotion only on the ground that petitioner has not brought to the notice of respondent No.2 that he has joined. He contended that joining on the promoted place will not affect adversely when it is only change of place of posting, which is sought by petitioner. He also contended that petitioner has also joined the amended place of posting upon promotion on 01.09.2022, therefore, interim protection may be granted. Considering the submission of learned counsel for petitioner, purely as an interim measure, it is directed that the effect and operation of impugned order Annexure P-1 and Annexure P-2 shall remain stayed till the next date of hearing.” 11 8. At this stage, learned counsel for the petitioner submits that without there being any misrepresentation on the part of the petitioner, the amendment made in the posting order has been arbitrarily cancelled. Thereafter, show cause notices dated 20/12/2022 and 22/12/2022 were issued to the petitioner. It is further submitted that this Hon’ble Court, vide its order dated 13/01/2023, has been pleased to issue notice to the respondents and has also stayed the effect and operation of Annexure P/1 and P/2. Since Annexure P/2 dated 22/12/2022 is merely a show cause notice, the petitioner is required to file an appropriate reply to demonstrate his bonafide conduct. Learned counsel further submits that the petitioner has already filed a representation before the concerned authorities, bringing forth all relevant facts and explaining his bonafide actions in the matter, hence a direction be issued to decide his pending representation at the earliest. 9. In view of the above discussion, this Court directs the respondent authorities to consider and decide the petitioner’s representation strictly in accordance with law, after taking into consideration the petitioner’s reply to the show cause notice dated 22/12/2022. Till the decision on the said representation and show cause notice is taken, the interim protection granted by this Court vide order dated 13/01/2023 shall remain in force. 12 10. It is made clear that this Court has not expressed any opinion on the merits of the case, and the concerned authorities are free to pass an appropriate order in accordance with law and the facts of the case. 11. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh