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2025 DAILYLAW 36343 (CHH)

MAHENDRA KUMAR KALIHARI v. STATE OF CHHATTISGARH

WPS/8386/2025 · 2025-08-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8386 of 2025 1 - Mahendra Kumar Kalihari S/o Naresh Kumar Kalihari Aged About 37 Years Working As Sanitary Inspector, Municipal Corporation, Raipur, Zone No. 9, R/o Krishna Sadan, Santoshi Nagar, Raipur, District Raipur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Principal Secretary Panchayat Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Commissioner Municipal Corporation Raipur, District- Raipur (C.G.) 3 - Chairman Appellate Committee Municipal Corporation Raipur, District Raipur (C.G.) ... Respondent(s) For Petitioner (s) : Shri Tapan Kumar Chandra, Advocate. For State : Shri KS Saini, Panel Lawyer. For Respondent 2&3 : Ms. A. Sandhya Rao on behalf of Shri Pankaj Agrawal, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 19.08. 202 5 1. Learned counsel for the petitioner would submit that penalty of withholding one annual increment with cumulative effect was imposed against the petitioner vide order dated 11.08.2023, against which he preferred a departmental appeal on 04.03.2024 before the appellate committee of respondent-Municipal Corporation, Raipur, however, his appeal has not been decided till date. Therefore, limited prayer is made by the petitioner for a direction to the respondent No.3 to decide his 2 pending departmental appeal dated 04.03.2024 withing specified time frame. 2. Learned counsel for respective respondents though opposes the petition on merits, however they do not have any objection if such a direction is given to the respondent No.3 to decide the pending appeal of the petitioner within stipulated time period. 3. Taking into consideration the limited prayer made by the petitioner and also considering the fact that appeal of the petitioner is pending since 04.03.2024, without entering into the merits of the case the respondent No.3 is directed to consider and decide the pending appeal of the petitioner in accordance with law on its own merits after affording opportunity of hearing to the petitioner within a period of four months from the date of receipt of copy of this order. The petitioner is directed to produce a copy of this order to respondent No.3 within two weeks. 4. With the aforesaid observation, the Writ Petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder