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2025 DAILYLAW 39592 (CHH)

R.N. PANDEY v. STATE OF CHHATTISGARH

WPS/7713/2022 · 2025-08-27

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 7713 of 2022 R.N. Pandey S/o Late Shri Mahaveer Prasad Pandey Aged About 64 Years Retired Range officer From Forest Division Dhamtari, R/o Ward No. 17, Subhash Nagar, Khamhanbadi, P.S. Dhamtari Tahsil Dhamtari District Dhamtari Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Principal Secretary Department of Forest, Mantralaya Mahanadi Bhawan, Nawa Raipur Atal Nagar District Raipur (Chhattisgarh). 2 - The Principal Chief Conservator of Forest Government of Chhattisgarh Aranya Bhawan, Sector-19, Nawa Raipur, Atal Nagar District Raipur (Chhattisgarh) 3 - The Additional Principal Chief Conservator of Forest (Non-Gazetted) Government of Chhattisgarh Aranya Bhawan, Sector-19, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 4 - The Chief Conservator of Forest Raipur Circle Raipur V.I.P. Estate, Vidhansabha Road, Raipur, District Raipur Chhattisgarh. 5 - The Divisional Forest officer, Forest Division Dhamtari District Dhamtari Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) Digitally signed by NADIM MOHLE -2- For Petitioner : Mr. Jitendra Nath Nande, Advocate For State : Ms. Shailja Shukla, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.08.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus and quash the impugned order dated 10-02-2022 (Annexure P-1) and letter dated 18-02-2022 (Annexure P-2) passed by the Respondent No.02 and Respondent No.04 respectively declares the same as ineffective in respect to the petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to issue a direction to the respondents to consider the petitioner's reply for considering and cancelling the charge-sheet dated 07-12-2020 and departmental enquiry, in the interest of justice. 10.3 Any other relief/relief's which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioner, in the interest of justice.” 2) Learned counsel for the petitioner would submit that at the relevant time, the petitioner was working on the post of Forest Range Officer (FRO), Birgudi, Dhamtari Forest Division. He would further submit that a departmental enquiry was initiated and an article of charge was issued on 09.12.2020. It is further submitted that the petitioner stood retired from service in the month of December 2020, and in this writ petition, he has challenged the show-cause -3- notice and the article of charge. 3) Learned counsel would further submit that this Court, vide interim order dated 23.11.2022, had directed that though the departmental proceedings may continue, but no final order would be passed. He also submits that the enquiry has already been concluded by the Enquiry Officer, who has arrived at the conclusion that the petitioner has not caused any financial loss to the State. He would argue that in view of the letter dated 18.03.2025, issued by the Additional Principal Chief Conservator of Forest, Atal Nagar, Nawa Raipur, Chhattisgarh, this petition may be disposed of. 4) On the other hand, learned State counsel opposes the submissions made by learned counsel for the petitioner. 5) Recording the submissions made by Mr. Nande, learned counsel for the petitioner, and considering the contents of the letter dated 18.03.2025, this writ petition is hereby disposed of at the admission stage itself. 6) The concerned authority is directed to finalize the pending departmental enquiry and take an appropriate decision in accordance with the law, at the earliest. 7) The letter dated 18.03.2025 is taken on record. Sd/- (Rakesh Mohan Pandey) Judge Nadim