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2025 DAILYLAW 46139 (CHH)

RAJEEV LOCHAN SHUKLA (SHASHTRI) v. STATE OF CHHATTISGARH

WPS/76/2025 · 2025-01-08

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:1099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 76 of 2025 1 - Rajeev Lochan Shukla (Shashtri) S/o Late Ramlakhan Aged About 61 Years Working On The Post Of Lecturer (Hindi) At Lahadi Multipurpose Higher Secondary School, Chirmiri, Tahsil Khadgawan, District Manendragarh - Chirmiri - Bharatpur Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, P.O. And P.S. Naya Raipur, District Raipur Chhattisgarh. 2 - The Director Public Instruction, Directorate, Indrawati Bhawan, Naya Raipur Chhattisgarh. 3 - The Deputy Director Public Instruction, Directorate, Indrawati Bhawan, Naya Raipur Chhattisgarh. 4 - The Joint Director Public Instruction, Surguja Division, Ambikapur, District Surguja Chhattisgarh. 5 - The District Education Officer Koriya, Baikunthpur, District Manendragarh Chirmiri Bharatpur Chhattisgarh. 6 - The President Managing Committee, Lahadi Multipurpose Higher Secondary School, Chirmiri, Tahsil Khadgawan, District Manendragarh Chirmiri Bharatpur Chhattisgarh. 7 - Kartik Das President, Lahadi Multipurpose Higher Secondary School, Chirmiri, Police Station, Tahsil Chirmiri, District Chirmiri Bharatpur,Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 8 - Surendra Bahadur Singh Upper Division Teacher, Multipurpose Higher Secondary School, Lahadi, Police Station, Tahsil Chirmiri, District Manendragarh Chirmiri Bharatpur Chhattisgarh. 9 - Vikas Singh Assistant Teacher, Multipurpose Higher Secondary School, Lahadi, Police Station, Tahsil Chirmiri, District Manendragarh Chirmiri Bharatapur Chhattisgarh. 10 - Vidur Sharma Principal, Multipurpose Higher Secondary School, Lahadi, Police Station, Tahsil Chirmiri, District Manendragarh Chirmiri Bharatpur Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. V.K. Pandey, Advocate For State :- Ms. Ayushi Agrawal, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 08.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to issue notices to the respondents returnable within early date of hearing. 10.2 This Hon'ble Court may kindly be pleased to set- aside the impugned order of suspension dated 11.12.2024 vide Annexure P-1. 10.3 This Hon'ble Court may kindly be pleased to direct the respondent no. 5 & 6 to consider and decide the reply made by the petitioner to the show cause notice issued against him within stipulated period in accordance with law. 10.4 This Hon'ble Court may kindly be pleased to direct the respondent no. 5 to consider and decide the 3 request made by the petitioner for re-appointment in accordance with law within stipulated period. 10.5 This Hon'ble Court may kindly be pleased to direct the respondent no. 5 to transfer/post the respondent no. 8 & 9 to any other different Ashashkiya Shaikshnik Sanstha, in the interest of Lahadi Higher Secondary School. 10.6 Grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 10.7 Cost of the petition.” 2. Though learned counsel for the petitioner has made several grounds and has sought several reliefs but in sum and substance, he has fairly submitted that since the petitioner is a retired person, therefore, neither the suspension nor the other relief, as sought by the petitioner, can be taken into consideration at this stage, an appropriate order which can be passed is by directing the respondents to conclude the departmental enquiry within a period of 60 days. He further submits that after retirement, the petitioner is facing hardship as none of service benefits was given to him only on the basis that departmental enquiry is being conducted. It has also been argued that the petitioner has not committed any such misconduct for which the departmental enquiry can be made, however, due to some extraneous reason, the departmental enquiry was initiated at the fag end of the service. 3. Learned State counsel opposes the said submission and submits 4 that due to departmental enquiry, which was initiated due to some misconduct on the part of petitioner, the service benefits could not be given to the petitioner, which is just and proper and requires no interference. 4. I have heard learned counsel for parties and perused the documents available on record. 5. Be that as it may, without commenting anything on the merits of the case and considering the fact that the petitioner is a retired person, the concerned respondent authorities are directed to conclude the departmental enquiry with respect to the petitioner within a period of 60 days from the date of receipt of copy of this order. However, the petitioner is at liberty to file fresh petition while seeking reliefs which has been sought in this petition also. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha