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2025 DAILYLAW 48192 (CHH)

MITHLESH KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/4236/2023 · 2025-12-10

Shri Amitendra Kishore Prasad

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:60364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4236 of 2023 1 - Mithlesh Kumar Sahu S/o Late Shatrughan Lal Sahu Aged About 33 Years R/o Row, No.5 Akta Nagar, Temri Near Mana Camp, Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department Nirman Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.) 2 - Chief Engineer Public Works Department, National Highway Division, Raipur, District Raipur (C.G.) 3 - Superintending Engineer Public Works Department, National Highway Division, Raipur, District Raipur (C.G.) 4 - Executive Engineer Public Works Department, National Highway Division, Raipur, District Raipur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Manoj Paranjpe, Senior Advocate appears along with Ms. Shivangi Agrawal, Advocate For State :- Mr. Sakib Ahmed, P.L. ----------------------------------------------------------------------------------------------- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 SB-Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 11.12.2025 1. The petitioner has filed this Writ Petition seeking following reliefs:- “10.1That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions quashing the impugned order of termination dated 27.04.2023 (Annex.P-1) passed by the superintending engineer Public works department national Highway divison Raipur (C.G.) and the petitioner may kindly be reinstated in his service and the Hon'ble court may grant petition all the consequential benefits to the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. At the outset, learned counsel for the parties submit that the issue involved in the present writ petition stands squarely covered by the judgment rendered by this Court in WPS No. 8212 of 2023 (Yad Das Sahu vs. State of Chhattisgarh and others) decided on 03.01.2025. It is jointly prayed that the present writ petition may also be disposed of in terms of the observations and findings 3 recorded therein. The relevant paragraphs of the said judgment are reproduced below:– “17. Considering the overall facts and circumstances of the case as well as after hearing learned counsel for the parties as also considering the facts of the case in the light of above quoted judgments, I am of the view that the impugned order dated 23.06.2023 has been passed in a very harsh manner without granting opportunity of hearing to the petitioner. If any stigmatic order is to be passed then the foremost thing which has to be done by the employer is to gave a notice levelling specific allegation against the petitioner and by holding an enquiry after giving due opportunity of hearing to the petitioner. The order, if any, can be passed, it may be passed, after holding enquiry and by giving due opportunity of hearing to the employee/delinquent which is lacking in this case. 18. Taking into consideration of the law laid down by the Hon'ble Supreme Court as well as by this Court and for the reasons and discussions made here-in-above, the impugned order dated 23.06.2023 (Annexure P/1) is hereby quashed. The petitioner is entitled for all the benefits following from quashment of impugned order dated 23.06.2023. However, liberty is reserved to the 4 respondent authorities to hold proper enquiry, if so advised. 19. In the result, the writ petition is allowed with the aforesaid observations/directions. There shall be no order as to costs.” 3. Since the grievance of the petitioner is identical to the one considered in WPS No. 8212 of 2023 (Yad Das Sahu vs. State of Chhattisgarh and others) decided on 03.01.2025, and the petitioner in the present case is also seeking the same relief, the writ petition is accordingly allowed in terms of and in line with the aforesaid judgment while quashing the impugned order dated 27.04.2023. No order as to cost(s). Sd/- (Amitendra Kishore Prasad) Judge Vishakha