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2025 DAILYLAW 42454 (CHH)

KAMAL NARAYAN BHARDWAJ v. THE STATE OF CHHATTISGARH

WPS/7138/2024 · 2025-01-22

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:4118 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7138 of 2024 1. Kamal Narayan Bhardwaj S/o Daras Ram Bhardwaj Aged About 58 Years Working As Principal, Government Higher Secondary School, Kothari, Block Kartala, District Korba (Chhattisgarh), District : Korba, Chhattisgarh 2. Tularam Bhardwaj S/o Shri Nantthu Ram Bhardwaj Aged About 53 Years Working As Headmaster, In Government Middle School, Kothari, Block Kartala, District Korba (Chhattisgarh) ... Petitioners versus 1. The State Of Chhattisgarh Through The Secretary Department School Education Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.), District : Raipur, Chhattisgarh 2. The Under Secretary State Government Of Chhattisgarh, Department Of School Education, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3. The District Education Officer District Korba (Chhattisgarh) 4. Karan Kumar Bareth S/o Vijay Kumar Bareth, R/o Gram Panchayat Nawapara, Post Kothari, District Korba (Chhattisgarh) (Complainant) ... Respondents For Petitioners : Mr. Somnath Verma, Advocate For Respondents No.1 to 3 : Ms. Nupur Trivedi, Panel Lawyer. For Respondent No.4 : Mr. Hrishabh Deo Shukla, Advocate Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.30 11:49:18 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 22/01/2025 1. The petitioners prays for the following relief(s):- 10.1. That the Hon'ble Court may kindly be pleased to call for the records of the case from the office of respondents. 10.2 That the Hon'ble Court may kindly be pleased to quash and set aside the suspension order dated 16/10/2024 (Annexure P-1) & direct to respondent No.2 to reinstate in service of the petitioners. 10.3 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner. 2. Brief facts of the case are that the petitioners who are working in the Higher Secondary/Middle School of Kothari, Block Kartala, District Korba on the post of Principal and Headmaster in the respective school. By virtue of physical Training programme, Judo and Karate for the students in the Central Rani Laxmibai Self Defence Training Institute, Kothari, whereby the private respondent namely Shri Karan Kumar Bareth has been deputed to perform as a Coach the Training programme. As per the scheme provided by State Government the respondent No.4 has been given monetary benefit in the tune of Rs. 5,000/- in both the schools, (Higher Secondary School and Government Middle School) for three months and the petitioners have been given total of Rs. 30,000/-in the mode of Public Financial Management System for three month but the respondent No.4 complainant has given only two month training to the students therefore, the Petitioners has issued notice for 3 return back of Rs. 10,000/- in respect not given training up to 3 months. But the respondent No.4 has complaint before the respondent No.2 regarding demanding of Rs. 10,000/- against respondent No.4 by which the respondent No.4 has made Audio and Video Clipping of both the petitioners by which the respondent No.2 has taken stern action against the petitioners and attached to the office District Education Officer Korba and stated that the petitioners have violated C.G. Civil Services Conduct 1965 Rule 3, so that the petitioners have been suspended from their services. Therefore the petitioners are seeking appropriate relief and necessary direction of this Hon'ble Court hence this petition. 3. Learned counsel for the petitioners have challenge the order of suspension stating that it has been passed in a very illegal and arbitrary manner, the complainant is a habitual blackmailer and blackmailing the petitioners and on the basis of complaint petitioners were suspended and departmental enquiry was initiated by respondents without there being any plausible reason, therefore, they have filed this petition. However, during the course of argument it has been argued by the learned counsel for the petitioners instead of passing any order of suspension the respondents authority may kindly directed to conclude the departmental enquiry which was initiated from 16.10.2024 within some stipulated period. 4. Prayer appears to be fair and reasonable. 5. Considering the fact that the petitioners have been suspended 4 and the State is enable to take any work from them as such also considering the fact that State Government has issued the circular on 27.06.2024, according to which the departmental enquiry directed to be concluded within outer limit of one year of its initiation as such interest of State it is directed that the departmental enquiry be concluded within a period of two months as according to the learned counsel for the petitioner only the statement of complainant is required to be recorded and no other material remain in the departmental enquiry. 6. With the aforesaid observation(s)/direction(s) instant petition is disposed of. Sd/- (Amitndra Kishore Prasad) JUDGE vaishali