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2025 DAILYLAW 40865 (CHH)

MUKESH KUMAR THAKUR v. STATE OF CHHATTISGARH

WPS/10152/2025 · 2025-08-28

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:43881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10152 of 2025 1 - Mukesh Kumar Thakur S/o Late Parshuram Thakur Aged About 57 Years Presently R/o Ward No. 5 Godhanpur Ambikapur P.O. Fundurdihari Ambikapur District Surguja Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Tribal Development Department, Mantralaya, Mahanadi Bhawan Raipur Chhattisgarh 2 - Commissioner Tribal Development Department Block D Ground Floor Indravati Bhawan, New Raipur Atal Nagar Chhattisgarh 3 - Assistant Commissioner Tribal Development District Surguja Chhattisgarh 4 - Collector Surguja Ambikapur (Tribal Development Department) District Surguja Chhattisgarh ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Nishi Kant Sinha, Advocate For Respondents/State : Mr. Vinay Pandey, Deputy Advocate General. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 29-08-2025 1. The petitioner has filed the present writ petition claiming the following relief(s):- “10.1 The Hon’ble Court may kindly be pleased to direct the respondent authorities to reinstate the petitioner back in service with consequential service benefits with effect from date of his Digitally signed by MOHAMMED AADIL KHAN 2 acquittal from criminal case i.e. 04.07.2024, in the larger interest of justice. 10.2 The Hon’ble Court may kindly be pleased to direct the respondent authorities to consider the petitioner’s representation to reinstate him service within some stipulated period of time, in the interest of justice. 10.3 Any other relief(s) that this Hon’ble Court may deem fit to grant in the facts and circumstances of this case.” 2. Learned counsel for the petitioner would submit that the petitioner was terminated from the post of Assistant Grade II vide order dated 15-02-2006 on the basis of certain charges leveled against him under Section 13(2) of the Prevention of Corruption Act, 1988. He faced criminal trial and was convicted by the trial Court and ultimately he has been acquitted by coordinate Bench of this Court vide order dated 04-07-2024 passed in Criminal Appeal No.853 of 2002. After his acquittal he moved his representation on 12-07-2024 to respondent No.4 and subsequently another representation has been made on 25-07-2025 for his reinstatement. Respondent No.2 has directed respondent No.3 to take a decision on the representation of the petitioner vide its letter dated 01-01-2025, but till date his representation has not been decided. Therefore, respondent No.4 may be directed to decide the pending representation of the petitioner (Annexure-P/4) in accordance with law as early as possible. 3. On the other hand, learned counsel appearing for the State though opposes on merits, however, he submits that he has no objection if such a direction is made to respondent No.4 to take a decision on the pending representation of the petitioner in accordance with law. 3 4. I have heard learned counsel for the parties and perused the material annexed with the writ petition. 5. Considering the submissions made by learned counsel for the petitioner, the present writ petition is disposed of directing respondent No.4 to take a decision on the pending representation of the petitioner dated 12-07-2024 and 25-07-2025 (Annexure-P/4) within a period of four months from the date of receipt of copy of this order, in accordance with law and as per the applicable rules and circulars. 6. The petitioner is directed to produce a copy of this order within two weeks from today to respondent No.4. 7. With the aforesaid observation the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil