1 / 3 2025:CGHC:12589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6325 of 2024 1 - Deluram Khare S/o Late Shri Ramprasad Khare, Aged About 51 Years R/o Village-Charbhata, Post-Pendravan, Police Station-Sarseeva, Tahsil- Bilaigarh, District-Sarangarh-Bilaigarh (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Chief Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, District-Raipur (C.G.) 2 - Director, Directorate Of Public Instructions, Indravati Bhawan, P.S. And Post-Rakhi, Atal Nagar, Nawa Raipur, District-Raipur (C.G.) 3 - District Education Officer (DEO), Office Of District Education Officer, Bemetara, District-Bemetara (C.G.) 4 - Pradeep Kumar Banjare, Lecturer (L.B.), Government Higher Secondary School, Koora, Block-Navagarh, District-Bemetara (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Abhishek Pandey, Advocate For Respondents/ State : Mr. S. S. Choubey, Panel Lawyer For Respondent No.4 : Mr. Pramod Ramteke, Advocate 2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 17/03/2025 1. By the present writ petition, the petitioner, who is working as Lecturer and presently posted in Govt. Higher Secondary School Koora, Block-Navagarh, District Bemetara, is questioning the order dated 18/09/2024 (Annexure P/2) whereby the respondent No.3/ District Education Officer, Bemetara by amending the earlier order dated 16/07/2024 has given charge of in-charge Principal to the respondent No.4 who is junior to the present petitioner. 2. Learned counsel appearing for the petitioner submits that handing over of the charge by replacing a senior to a junior employee is not permissible pursuance to the circulars dated 04/08/2011 and 16/05/2012 (Annexure P/5 & P/6 respectively) issued by the State Government. 3. Learned counsel appearing for the State as well as counsel for respondent No.4 would submit that though the order of handing over of charge to the respondent No.4 is not reflecting about misappropriation committed by the petitioner while discharging his duties as Block Education Officer but because of several irregularities committed by the petitioner, the charge has been handed over to the respondent No.4, hence there is no illegality in passing the impugned order dated 18/09/2024. 4. I have heard learned counsel for the parties and perused the documents. 5. It is not in dispute that the respondent No.4 is junior to the present 3 / 3 petitioner. Handing over of the charge of in-charge Principal of Govt. Higher Secondary School Koora, Block-Navagarh, District Bemetara to the respondent No.4 vide impugned order dated 18/09/2024 is not reflecting about the reason for which the charge of in-charge Principal has been withdrawn from the petitioner. The impugned order is also not reflecting that the petitioner is involved in any alleged misconduct while he was discharging his duties as Block Education Officer, Bemetara. 6. In view of the facts and circumstances of the case and particularly considering the circulars dated 04/08/2011 and 16/05/2012 (Annexure P/5 & P/6 respectively) issued by the State Government, the impugned order 18/09/2024 (Annexure P/2) passed by respondent No.3 granting charge of in-charge Principal of Govt. Higher Secondary School Koora, Block-Navagarh, District Bemetara to respondent No.4 (who is junior to the petitioner herein) by removing the petitioner from the said post, is contrary to the guidelines framed in the aforesaid circulars, deserves to be and is hereby quashed. However, liberty is reserved for the respondents/ State to pass appropriate order at an appropriate stage, if so advised. 7. Accordingly, the present writ petition is allowed to the extent indicated above. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar