1 2025:CGHC:51651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11728 of 2025 • Arun Tripathi S/o Late Laxminath Tripathi Aged About 56 Years R/o Quarter No. 07, Jail Colony, Durg, District - Durg Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Department Of Prisons, Mahanadi Bhawan Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 2. The Director General Of Prisons And Correctional Services Police Head Quarter, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 3. The Central Jail Durg Through - The Superintendent Of Jail, Central Jail Durg, District - Durg, Chhattisgarh 4. The Superintendent Of Jail Central Jail Durg, District - Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. S.C. Verma, Sr. Advocate with Mrs. Sunita Jain and Mr. Sajal Kumar Gupta, Advocate. For Respondent(s)/State. : Mr. Ssuyashdhar Badagaiya, Dy Govt. Advocate. (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 2 16/10/2025 1. The petitioner is assailing the issuance of departmental charge-sheet dated 9-7-2025 (Annexure P/1) alleging violation of Jail Manual and also alleging misconduct under Civil Services Conduct Rules 1965. 2. Learned Sr. Advocate counsel for the petitioner would submit that initiation of the inquiry on the basis of preliminary inquiry without affording any opportunity of hearing is illegal, as such subsequent departmental charges sheet issued by the Jail Superintendent is bad-in-law. 3. On the other hand, learned State counsel opposing the aforesaid submission would submit that the law with regard to preliminary inquiry well settled principle of law and it is only a finding of fact and the petitioner can very well take all the defence available to him in the inquiry. 4. Considering the rival submissions of the parties, I am of the view that this writ petition is disposed of granting liberty to the petitioner to raise all his defence available to him before the enquiry proceeding including the basis of initiation of the preliminary enquiry also. 5. With the aforesaid observation and direction, this writ petition is disposed of. 6. Pending interlocutory applications, if any, also stand disposed of. Sd./- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.10.17 14:35:43 +0530