1 2025:CGHC:33997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6486 of 2018 * - Ranoj Chowdhury S/o Late Dr. Anil Prasad Chowdhury Aged About 59 Years Working As Assistant Food Officer And Posted At Collector (Food), Surajpur, R/o Near Basant Vihar Gate, Behind Red Chilli Restaurant, R. K. Nagar, Rajkishore Nagar, Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Food And Civil Supplies And Consumer Protection, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur, Chhattisgarh 2 - Office Of Director Food And Civil Supplies And Consumer Protection, Raipur, District Raipur, Chhattisgarh 3 - Office Of Collector (Food Department), District Surajpur, Chhattisgarh ... Respondents For Petitioner : Ms. Nirupama Bajpai, Advocate For Respondents/State : Mr. Prateek Tiwari, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18/07/2025 1. The petitioner has challenged the order passed by the Commissioner, Surguja Division, Ambikapur (C.G.), in Miscellaneous Appeal No. 17/2017, whereby the appeal preferred by the petitioner was dismissed and the order passed by the Food Officer, District Surguja dated Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.22 16:00:47 +0530 2 11.04.2017 was affirmed, and 127 days of the absence was treated as 'no work, no pay'. 2. Ms. Nirupama Bajpai, learned counsel appearing for the petitioner would submit that on account of the medical urgency and some other reasons, the petitioner remained absent from 09.02.2015 to 28.02.2015, total 20 days; from 22.08.2015 to 08.09.2015, total 18 days; from 05.12.2015 to 16.122015, total 12 days; from 28.10.2015 to 16.12.2015, total 50 days; from 15.12.2016 to 27.12.2016, total 13 days; from 01.01.2017 to 07.01.2017, total 07 days; from 01.10.2016 to 03.10.2016, total 03 days and from 11.10.2016 to 14.10.2016, total 04 days, in total 127 days. She would contend that an application for the grant of Earned Leave and Medical Leave was moved before the respondent authorities, but no decision was taken, and without affording any opportunity of hearing, a total period of 127 days has been treated as 'no work, no pay'. She would also submit that the petitioner preferred an appeal against the said order before the Commissioner, and the same has been dismissed vide order dated 02.07.2018. She would pray to set aside the orders dated 11.04.2017 and 02.07.2018. 3. On the other hand, Mr. Prateek Tiwari, learned Panel Lawyer appearing for the State/respondents, would oppose. 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of Annexure- P/3 dated 11.04.2017 passed by the Food Officer would reveal that the order dated 11.4.2017 is not an order of penalty. No proceeding was initiated by the Food Officer, District Surajpur, and the period of absence of 127 days was declared as 'no work, no pay'. 3 The petitioner preferred an appeal against the order dated 11.04.2017 according to the provisions of Rule 23 of the CG Civil Service (Classification, Control and Appeal) Rules, 1966, and the appeal has been dismissed by the Commissioner vide order dated 02.07.2018. 6. In the opinion of this Court, as no penalty was inflicted on the petitioner, the appeal preferred before the Commissioner under Rule 23 of the Rules 1966 was not maintainable and, thus, as the appeal was not maintainable, the order is without jurisdiction. Accordingly, the order passed by the Commissioner dated 02.07.2018 is hereby set aside and the petitioner is granted liberty to take recourse to law. 7. With the aforesaid direction(s)/observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti