1 2025:CGHC:39578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7620 of 2025 1 - Kirit Lal Nishad S/o Shri Bhagwan Singh Nishad Aged About 47 Years R/o- Village- Bijora Tehsil And P.S.- Dondilohara District- Balod (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal And Scheduled Caste, Mantralaya, Mahanadi Bhawan, Nawa Raipur Atal Nagar District- Raipur (C.G.) 2 - Collector (Tribal Development) Durg (C.G.) 3 - Assistant Commissioner Tribal Welfare Branch District Collectorate Premises, Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Krishna Tandon, Advocate For Respondent(s) : Mr. Vinay Pandey, Dy. Advocate General Hon ’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 07/08/2025 1. The petitioner has filed the present writ petition claiming the following relief:- 10.1 To kindly direct the respondent authorities to pass final order relating to the departmental proceedings of the petitioner. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.08.07 19:30:51 +0530 2 10.2 To kindly direct the respondent authorities to pay regular salary to the petitioner. 10.3 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. 2. Learned counsel for the petitioner would submit that the petitioner is working as Peon and posted at Post Matric Scheduled Caste & Scheduled Tribe Hostel, Dhamdha, Dist- Durg. Upon certain allegations, a departmental enquiry was initiated in the year 2018 against the petitioner and since, there was no considerable progress in departmental enquiry and since the petitioner was suspended for a long time, he earlier filed a writ petition WPS No. 796/2023 before this Court, in which vide order dated 25.01.2023 it was directed that the departmental enquiry initiated against the petitioner, pursuant to charge memo dated 24.05.2018 shall be concluded within the period of six months from the date of receipt of copy of the order. Pursuant to the order dated 25.01.2023, the departmental enquiry against the petitioner was concluded and report of the departmental enquiry was submitted to the disciplinary authority on 27.08.2024, but till date, the diciplinary authority has not taken any decision on the report of departmental enquiry, therefore, the authority may be directed to take decision independently on the enquiry report submitted on 27.08.2024. 3. On 23.07.2025, this Court has directed the learned State counsel to seek instructions into the matter, as to why, the order has not been passed till date on the report submitted on 27.08.2024, but no instructions could be sought for by the State counsel due to non- 3 cooperation of the authority concerned despite their communication to them. 4. In view of the above, the Respondent No. 3 is directed to take a decision on the report of the departmental enquiry submitted on 27.08.2024 within 08 weeks from the date of receipt of the copy of this order in accordance with law on its own merits and after providing opportunity of hearing to the parties concerned. 5. The petitioner is directed to produce the copy of this order to the Respondent No. 3, within two weeks from today. 6. With the aforesaid observation, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika