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2025 DAILYLAW 50398 (CHH)

G.R.THAKUR v. STATE OF CHHATTISGARH

WPS/191/2021 · 2025-02-27

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:10027 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 191 of 2021 1 - G.R.Thakur S/o Late Shri M.S. Thakur Aged About 60 Years R/o Chantidih, Bilaspur, Tahsil And Distrcit Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Finance Mahanadi Bhawan, Atal Nagar, New Raipur, District Raiupr, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director Treasury Account And Pension, Indrawati Bhawan Atal Nagar, New Raiupr, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vinod Kumar Sharma, Advocate. For State : Mr. Kalpesh Ruparel, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 28.02.2025 1. The petitioner has preferred the instant writ petition challenging order dated 26.05.2020 (Annexure P/1) passed by respondent No. 2 by which the application for review of punishment of compulsory retirement dated 11.01.2019, has been rejected. 2. Learned State counsel would submit that the order of punishment is appealable as per Section 23 of the Civil Services (Classification, Control & Appeal), Rules, therefore, the instant writ petition is not maintainable. 3. The record of the case would show that the petitioner has been compulsorily retired from service vide order dated 11.01.2019 but no appeal has been preferred by the petitioner whereas the petitioner has ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.02.28 17:08:55 +0530 2 directly approached for review of the punishment order and the same has been rejected vide impugned order dated 26.05.2020. 4. Since the remedy of appeal against the punishment order is available with the petitioner, therefore, I am not inclined to entertain this petition at this stage. 5. Accordingly, the instant petition is disposed of. However, the petitioner is at liberty to prefer duly constituted appeal before the Appellate Authority as per Section 23 of the Civil Services (Classification, Control & Appeal), Rules, within 45 days from the date of receipt of copy of this order. If the appeal is preferred by the petitioner within stipulated time period fixed by this Court, the Appellate Authority is directed to decide the same in accordance with law on its own merits without insisting for delay in filing the appeal as the petitioner has already preferred review which has been rejected vide impugned order dated 26.05.2020 and the matter is pending before this Court since 2021. 6. With the aforesaid observation and direction, the instant writ petition stands disposed of. Sd/- Sd/- (Narendra Kumar Vyas) Judge Arun