1 2025:CGHC:36428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 752 of 2025 1 - Ajay Kumar Bajpai S/o Shri Nandan Prasad Bajpai, Aged About 51 Years (Now Aged About 61 Years) R/o F/ 2 Jailor Banglo, Jail Parisar, Central Jail Durg, Central Jail, Durg, District Durg, Chhattisgarh, ... Applicant versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh, 2 - The Director General, Jail And Correction Services, Chhattisgarh, Raipur, District Raipur, Chhattisgarh 3 - S. P. Kurre, Assistant Jail Superintendent Deputy Jailer, Sub Jail, Bemetara, District Bemetara, Chhattisgarh, 4 - The Assistant Inspector General/ Inquiry Officer, Headquarter, Jail And Correction Services, Chhattisgarh, Raipur, Chhattisgarh ... Respondent(s) For Applicant : Mr. S. C. Verma, Sr. Advocate along with Mr. Goutam Khetrapal, Advocate For State : Ms. M. Asha, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 28/07/2025 1. This MCC is filed seeking modification of the findings recorded in paragraphs 9 and 10 of the order dated 27.02.2025 passed by this Court in Writ Petition (S) No. 2138 of 2016, whereby the charge sheet dated 14.08.2014 and all consequential proceedings were quashed. 2. Facts of the case, in a nutshell, are that the petitioner was working as Assistant Jail Superintendent at Central Jail, Durg, and was placed Digitally signed by SHAYNA KADRI 2 under suspension on 26.06.2013 by Respondent No. 2 on the allegation of unauthorized use of a mobile phone within jail premises, with his headquarters fixed at Central Jail, Raipur. Subsequently, by order dated 11.12.2013, his suspension was revoked and he was directed to join at Sub-Jail, Bemetara, while Shri S.P. Kurre, the then Assistant Jail Superintendent posted at Sub-Jail, Bemetara, was transferred to Central Jail, Raipur. These transfer/posting orders were issued by Respondent No. 2 without obtaining prior approval from respondent No. 1 (State Government), as required under service rules. On 10.02.2014, Respondent No. 2 stayed the transfer of Shri S.P. Kurre, and since only one post of Assistant Jail Superintendent existed at Sub-Jail, Bemetara, the petitioner remained without any posting. Despite repeated representations dated 13.02.2014, 11.03.2014, and 19.03.2014, no appropriate posting order was issued. The petitioner then filed Writ Petition (S) No. 1576/2014, which was disposed of with liberty to submit a detailed representation. The petitioner accordingly submitted a representation on 04.04.2014, which was not decided, leading him to file Contempt Case No. 145/2014. Pursuant to notice, respondent No. 1 cancelled the illegal transfer order on 23.06.2014 and the petitioner joined back at Central Jail, Durg on 05.07.2014. Despite these circumstances, respondent No. 2 issued a charge sheet dated 14.08.2014, alleging unauthorized absence from 12.12.2013 to 04.07.2014 and initiated departmental enquiry. The petitioner challenged the same in Writ Petition (S) No. 2138/2016. This Court, by order dated 27.02.2025, was pleased to quash the charge sheet and observed in paragraphs 9 and 10 of the order that the enquiry was 3 vitiated as it was initiated by an incompetent authority under the Police Manual. 3. Learned counsel for the applicant submits that this Court rightly quashed the charge sheet by order dated 27.02.2025 in W.P. (S) No. 2138/2016. However, it is submitted that the findings recorded in paragraphs 9 and 10 of the said order, holding that respondent No. 2 lacked authority under the Police Manual to initiate enquiry, may not accurately reflect the contention of petitioner. The petitioner had specifically challenged the jurisdiction of respondent No. 2 to issue transfer/posting orders, not his authority to initiate disciplinary action. Since the departmental proceedings were rooted in an illegal transfer, the entire basis of the charge was vitiated. The petitioner, who is on the verge of retirement, prays for modification of the said findings to prevent any prejudice to his service record in the event of an appeal being preferred by the State Government. 4. It is not in dispute that the posting order dated 11.12.2013 was cancelled by the State Government on 23.06.2014 and that only one post of Assistant Jail Superintendent existed at Sub-Jail, Bemetara, thereby rendering the joining of petitioner there impossible. The petitioner joined back at Central Jail, Durg on 05.07.2014 pursuant to the cancellation of the illegal order. This Court has already held, in its order dated 27.02.2025, that the entire departmental proceeding stood vitiated. However, in the interest of justice, and to avoid any unintended adverse implication on the service record of petitioner, particularly when he is on the verge of retirement, it is deemed appropriate to clarify and modify the relevant observations. 4 5. Accordingly, paragraphs 9 and 10 of the judgment dated 27.02.2025 shall stand substituted with the following: “9. Upon examining the matter in light of the aforementioned judgments and the undisputed fact that the earlier transfer order dated 11.12.2013 issued by respondent No. 2 was subsequently set aside by respondent No. 1 on the ground that respondent No. 2 lacked the jurisdiction to issue such a transfer order, it becomes evident that the foundational action itself was without authority. 10. While there is no dispute that respondent No. 2 is otherwise competent to initiate departmental proceedings against the petitioner, in the present case, the charge is based solely on the alleged failure of petitioner to join in compliance with the transfer order dated 11.12.2013. Since the said transfer order was issued without jurisdiction and later annulled by the competent authority, the initiation of departmental enquiry based on non- compliance of such an invalid order is legally untenable. As a result, the entire disciplinary proceeding stands vitiated and is liable to be set aside.” 5 6. With the above modification, the application stands allowed. The rest of the order dated 27.02.2025 shall remain unaltered. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE