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2025 DAILYLAW 407 (CHH)

CHANDRAKANT BANJARE v. STATE OF CHHATTISGARH

WPS/2381/2021 · 2026-02-23

Shri Sachin Singh Rajput

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2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 2381 of 2021 Chandrakant Banjare, S/o Late Sukhlal Banjare, aged about 30 years, R/o Village Paragaon, Police Station Arang, District Raipur Chhattisgarh ---- Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh; 2 - Director Health Services, Indravati Bhawan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh; 3 - Chief Medical And Health Officer Mahasamund, District Mahasamund Chhattisgarh; 4 - National Health Mission Through Mission Director, National Health Mission Chhattisgarh 4th Floor, Commercial Complex, Sector 27, Nava Raipur Atal Nagar, District Raipur Chhattisgarh. Respondents For Petitioner : Shri Abhishek Vinod Deshmukh, Advocate appeared through Video Conferencing. For Respondent Nos. 1 to 3 / State : Shri Vivek Siddharth Ojha, P.L. For Respondent No. 4 : Shri C.J.K. Rao, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 24/02/2026 1. Heard. 2. Challenge in this writ petition is to an order dated 15/09/2020 (Annexure P/1) passed by the respondent No.3 by which the services of the petitioner was terminated. 3. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Block Accounts Manager by the respondent Nos. 1 ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.03.02 18:33:04 +0530 -2- to 3 vide its order dated 11/01/2017 in Management Unit, Community Health Centre, Saraipali, District – Mahasamund. His contractual appointment was extended from time to time. By the impugned order, the services of the petitioner was terminated holding that for the financial year 2019 - 2020 he remained absent for 299 days and for the financial year 2020 – 2021, he remained unauthorized absent for 167 days (as on 14.09.2021). He further submits that no inquiry was conducted before passing the impugned order it is stigmatic and during the period of COVID-Pandemic, no termination can take place. Thus, the impugned order deserves to be set aside. 4. Learned counsel for the respondent No.4 submits the impugned order was passed in accordance with order No./NHM/2020, Mahasamund September, 2020 (Annexure P-1) in accordance with sub clause 34.7 of Clause 34 of the Chhattisgarh Human Resource Policy, 2018. He further submits that the petitioner has not pleaded in his writ petition as to whether he was not absent for 299 days in the financial 2019 - 2020 and 167 days for the financial year 2020 - 2021. This is an admitted position and no interference is warranted. 5. Heard learned counsel for the parties and perused the record. 6. Be that as it may, taking into consideration that admittedly the petitioner remained absent for 299 days for the financial 2019 - 2020 and 167 days for the financial year 2020 – 2021 and from perusal of the order it appears that it has been passed in accordance with sub clause 34.7 of Clause 34 of the Chhattisgarh Human Resource Policy, 2018. 7. Thus, this Court does not find any merit in the submission made by the learned counsel for the petitioner. Thus writ petition deserves to be dismissed. However, it is observed that the impugned order shall not be treated as stigma against the petitioner and would not come as a bar to the petitioner for fresh appointment to the petitioner, if any. At this stage, learned counsel for -3- the petitioner submits that neither notice was given nor one month salary was given to the petitioner. For this purpose, he is at liberty to make representation to the concerned authority who would decided the same in accordance with law. 8. With these observations and direction, this writ petition is dimissed. 9. All the pending applications are disposed of. Sd/- Sd/- Sd/-Sd/- (Sachin Singh Rajput) Judge Ashish