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2025 DAILYLAW 3373 (CHH)

KAUSHAL KUMAR VERMA @ K.K. VERMA v. THE STATE OF CHHATTISGARH

WPS/418/2025 · 2025-01-22

Shri Amitendra Kishore Prasad

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1 2025:CGHC:3837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 418 of 2025 Kaushal Kumar Verma @ K.K. Verma, Aged About 62 Years, S/o Shri Harihar Prasad Verma Occupation- Service, Presently Assistant Grade- III, Government Engineering College, Koni, District Bilaspur, Chhattisgarh, R/o Qtr. No. 188, Near Jain Mandir, Main Road, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. (Earlier Worked As Bus Conductor, Madhya Pradesh State Road Transport (Now Chhattisgarh Infrastructure Development Corporation Limited)) ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Transport (Rajya Parivahan), Naya Raipur, Tahsil And District Raipur, Chhattisgarh. 2 - The Secretary Department Of Water Resources, New Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - The Managing Director, Chhattisgarh Infrastructure Development Corporation Limited, Chhattisgarh Rajya Kaushal Vikas Pradhikaran Bhawan, Second Floor, Old Police Head Quarter Premises, Raipur, District Raipur, Chhattisgarh. 4 - The Principal Government Engineering College, Koni, Bilaspur, Chhattisgarh. ... Respondent(s) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.22 19:58:49 +0530 2 For Petitioner : Shri A.N. Bhakta and Shri Vivek Bhakta, Advocates. For respondent/State : Shri Suyashdhar Badgaiya, Dy.G.A. For respondent No.3 : Shri Vivek Siddharth Ojha, Advocate. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 22/01/2025 1. Heard Shri A.N. Bhakta and Shri Vivek Bhakta, learned counsel for the petitioner, Shri Suyashdhar Badgaiya, learned Deputy Government Advocate for the State and Shri Vivek Siddharth Ojha, learned counsel for respondent No.3. 2. Instant petition has been filed seeking following reliefs:- “(i)That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal. (ii)That the Hon'ble High Court may kindly be pleased to set- aside the impugned show cause notices Dt. 22.10.2024 & 11.12.2024 (Annexure P-1 Colly), issued by the Respondent No.03. (iii)That the Hon'ble High Court may kindly be pleased to direct the Respondent authorities to decide the reply filed by the Petitioner on 26.12.2024 to the impugned show cause notices Dt. 22.10.2024 & 11.12.2024 (Ann P-1 Colly) before retirement of the petitioner from the service i.e. 31.01.2025, treating the petitioner's initial date of appointment as 05.08.1983 instead of 02.02.1990. (iv) Any other relief, which this Honble High Court deems fit and proper be also awarded.” 3. Learned counsel for the petitioner submits that he is challenging show cause notice dated 22/10/2024 by which he has been given notice on 3 the verge of retirement, he is going to retire on 31st January, 2025, however without informing him, he is shown to be unauthorized absent since 1990, a table has been prepared in which it has been shown that since 1990 there were several unauthorized absence made by the petitioner. The petitioner submits that this notice has not been given to him in the past, nothing was reported to him and when he is going to retire, this type of notice is being sent, he has replied the notice vide Annexure P-2, however no decision has been taken and since he is going to retire, it seems that the respondents are bent upon to pass any order against him, as such, he is praying that certain directions may be issued to the respondent/authorities. 4. On the other hand, Shri Vivek Siddharth Ojha, learned counsel who appears on advance copy for respondent No.3 submits that they will take decision before his retirement and pass appropriate orders. 5. Considering the aforesaid aspect of the matter and the submission of the petitioner that notice dated 22/10/2024 was never served upon the petitioner, he received another notice dated 11/12/2024 and he has replied the same by his reply dated 26/12/2024. Since the reply has been filed, the respondent No.3 is directed to pass appropriate orders on his reply by 28/01/2025 in accordance with law. 6. With the above observation, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad ) JUDGE gouri