1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5667 of 2023 1 - A. N. Awadhiya S/o Shri Y.K. Awadhiya Aged About 57 Years Presently Posted As Sub-Engineer At Nagar Palika Parishad, Bhatapara, District Balodabazar - Bhatapara, Chhattisgarh, District - Balodabazar - Bhatapara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Atal Nagar Naya Raipur, P.S. - Rakhi, District - Raipur, Chhattisgarh, District - Raipur, Chhattisgarh 2 - Joint Director Directorate Of Urban Administration And Development, Hod Office D-Block, 4th Floor, Indrawati Bhawan, Atal Nagar Nawa Raipur, District - Raipur, Chhattisgarh 3 - Shri S.M. Ujjaini Assistant Engineer, Regional Office (Mechanical Cell), Chhattisgarh State Municipalities (Mechanical) Service Bilaspur, (C.G.) 4 - Shri Basant Jaiswal Assistant Engineer, Municipal Council, Surajpur, District -Surajpur (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 5 - Shri S.K. Singh Badhoria Assistant Engineer, Municipal Corporation, Risali District - Durg (C.G.) 6 - Chief Municipal Officer, Municipal Council, Dongargarh, District Rajnandgaon, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Rakesh Kumar Manikpuri, Advocate For State :- Mr. Ajay Pandey, G.A. For Respondent No. 6 :- Mr. Shikhar Shukla, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 13.08.2025 1. The present petition has been filed by the petitioner for challenging the impugned order dated 04.01.2023 passed by the respondent No. 1. 2. The petitioner has prayed for following reliefs in the petition:- “10.1 This Hon'ble court may kindly be pleased to issue writ of mandamus directing the respondent authorities to sanction medical leave and grant salary with interest along with allowances to the petitioner from 22.12.2016 to 28.10.2017 in the interest of justice. 10.2 That this Hon'ble Court may be pleased to Quash the impugned letter dated 04.01.2023, passed by Respondent no.1. 3 10.3 That, this Hon'ble Court may kindly be pleased to give Any other relief as deemed fit by this Hon'ble Court in the interest of justice.” 3. Facts of the case are that, the petitioner, while working as Sub- Engineer at the Municipal Council, Dongargarh, was served with a charge sheet dated 01.06.2019 alleging non-compliance of transfer order and unauthorized absence, to which he submitted a detailed reply on 21.07.2020 denying the charges and enclosing medical certificates and leave applications. The Inquiry Officer, after conducting the enquiry, submitted his report on 03.06.2020 exonerating the petitioner and accepting his leave. However, no final decision was taken for a considerable time, resulting in the petitioner’s name being kept in a sealed cover during DPC proceedings, while his juniors (respondents 3 to 5) were considered for promotion. Upon repeated requests, the Disciplinary Authority, vide order dated 09.01.2022, accepted the inquiry report and exonerated the petitioner from all charges relating to 22.12.2016, but treated the period from 20.12.2016 to 01.04.2017 and from 05.10.2017 to 02.01.2018 as “No Work No Pay,” as reflected in the impugned order dated 04.01.2023 (Annexure P/1). Hence, this petition. 4. Learned counsel for the petitioner submits that the petitioner’s salary pertaining to the period from 22.12.2016 to 28.10.2017 has not been paid without any lawful justification. It is further submitted 4 that although the petitioner was called upon to appear before the authorities, he was unable to do so, which has resulted in non- disbursement of the said salary. 5. Learned counsel for the respondent-State submits that he shall verify the claim. In the event any salary amount is found due and payable to the petitioner, the same shall be disbursed forthwith. If there is any impediment or obstacle in the disbursement process, the petitioner shall be duly informed thereof. 6. In view of the aforesaid facts and circumstances of the case, if any amount is found due in favor of the petitioner with respect to the salary as alleged, the respondent authorities are hereby directed to disburse the same without delay. If any impediment arises in disbursing the said amount, the petitioner shall be informed in writing within thirty (30) days from the date of copy of this order. 7. With the above observations and directions, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha