1 2025:CGHC:25334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4370 of 2025 1 - Shyam Kumar Singh S/o. Late Kesho Singh Aged About 39 Years, R/o. Block - 7, Sector - 9, Sector-3, Bhilai, Dist. Durg (C.G.) ... Petitioner versus 1 - The Union of India Through Secretary, Ministry of Home Department, New Delhi. 2 - Director General CISF, Central Industrial Security Force, Headquarter, 13 CGO Complex, Lodhi Road, New Delhi, Pin 110003. 3 - Deputy Inspector General, Central Industrial Security Force, Headquarter, 13 CGO Complex, Lodhi Road, New Delhi, Pin 110003. 4 - Dy. Inspector General Central Industrial Security Force, Unit Bhilai Steel Plant (C.G.) 5 - Commandant Central Industrial Security Force, Unit Bhilai Steel Bhilai, Dist. Durg (C.G.) 6 - Assistant Commandant Central Industrial Security Force, Unit Bhilai Steel, Bhilai, Dist. Durg (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Renu Kochar, Advocate. For Respondent-Union of India : Mr. Ramakant Mishra, Deputy Solicitor General. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18-06-2025 1. The petitioner has filed the present petition against the notice dated 03-06- 2025 (Annexure-P/1) issued by respondent No.6 whereby the petitioner is directed to vacate the Govt. residential premises of House No.-B, Block-7, street-9, sector-3 Bhilai, District Durg with immediate effect after depositing the arrears of electricity charges and water charges and to surrender keys of the house to the store-keeper. Digitally signed by MOHAMMAD AADIL KHAN 2 2. The petitioner has prayed the following relief in the petition:- “10.1 That the Hon’ble Court may kindly be pleased to issue writ in the nature of certiorari and quash order dated 3.6.2025 (Annexure P/1) 10.2 That this Hon’ble court may be further pleased to pass any other consequential and other orders/writs which this Hon’ble court deems just and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner was Constable and his services had been terminated after holding the departmental enquiry in which the final order has been passed on 06-05-2025 holding guilty the petitioner in the alleged charges and order of dismissal has been passed against the petitioner. The said order dated 06-05-2025 has been challenged by the petitioner in departmental appeal before respondent No.3 on 26-05- 2025 which is pending for its consideration. During pendency of the departmental appeal, respondent No.6 has issued a notice on 03-06-2025 directing the petitioner to surrender the residential premises with immediate effect after depositing the arrears of electricity and water charges. Immediately thereafter on 04-06-2025 an application for grant of stay has been filed by the petitioner before the appellate authority which is also pending for its consideration and the authorities are pressurizing the petitioner to vacate the premises immediately. Therefore, the present petition has been filed. She would further submit that the respondent authorities may be directed not to take any coercive steps against the petitioner till pendency of his departmental appeal before respondent No.3. 4. On the other hand, learned counsel for the respondent/Union of India opposed the submission made by learned counsel for the petitioner and has submitted that after holding departmental enquiry the petitioner is found guilty for the alleged charges and he has been dismissed from service, therefore, 3 he has no right to retain the premises after his dismissal and he has to surrender the same immediately. 5. I have heard learned counsel for the parties and perused the documents annexed with the petition. 6. It is not in disputed that vide order dated 06-05-2025 the petitioner is dismissed from service after holding departmental enquiry which has been challenged by him before respondent No.3 by filing a departmental appeal on 26-05-2025 which is pending for its consideration. The fact of issuance of notice dated 03-06-2025 is also not in dispute that during pendency of the departmental appeal the said notice dated 03-06-2025 has been issued for surrender of the residential premises of the petitioner with immediate effect. However, an application has been filed on 04-06-2025 requesting stay of the effect and operation of impugned notice dated 03-06-2025. 7. Considering the limited grievances raised by the petitioner in the present petition and also in the facts and circumstances of the case it would be appropriate to direct respondent authorities to not to take any coercive step against the petitioner till the decision of his appeal with respect to impugned notice dated 03-06-2025 (Annexure-P/1). Therefore, the respondent authorities are directed to not take any coercive steps pursuant to the notice dated 03-06-2025 till the decision of departmental appeal filed by the petitioner on 26-05-2025 before the respondent No.3. The respondent No.3 is also directed to decide the departmental appeal of the petitioner within two months from the date of receipt of copy of this order after providing proper opportunity of hearing to the parties concerned in accordance with law on its own merits. 8. With the aforesaid observation, the present petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil