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2025 DAILYLAW 5869 (CHH)

Jeevan Lal Bhargav v. State Of Chhattisgarh

WPS/7076/2017 · 2025-02-05

Shri Sanjay K Agrawal

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Judgment text

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1 (WPS No. 7076 of 2017) 2025:CGHC:6636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7076 of 2017 1 - Jeevan Lal Bhargav S/o Late Shri Narayan Bhargav, Aged About 47 Years Presently Working As Assistant Grade - II, O/o Executive Engineer, Maniyari Water Resource Division, Mungeli, District Mungeli Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Water Resource Ministry, Mahanadi Bhawan, Naya Raipur, Police Station And Post Office Rakhi, District Bilaspur Chhattisgarh 2 - Engineer In Chief, Water Resource Department, Sinhawa Bhawan, Civil Lines, District : Raipur, Chhattisgarh 3 - Superintendent Engineer, O/o Superintendent Engineer, Water Resource Circle, Mungeli, District Mungeli Chhattisgarh., 4 - Executive Engineer, Hasdev Kachhar, Water Resource Department, District : Bilaspur, Chhattisgarh 5 - Executive Engineer, Maniyari Water Resource Division, Mungeli, District Mungeli Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner :- Mr. Vivek Verma, Advocate For State :- Mr. Sharad Mishra, Panel Lawyer ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.02.10 11:08:29 +0530 2 (WPS No. 7076 of 2017) SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 05.02.2025 1. This writ petition is directed against order dated 25.11.2014 (Annexure P/15), by which the petitioner’s promotion to the post of Assistant Grade – I has been revoked. 2. Learned counsel for the petitioner submits that the petitioner’s promotion to the post of Assistant Grade - I has been revoked vide the impugned order, without affording due opportunity of hearing to the petitioner and which would have drastic civil consequences and, therefore, the impugned order is liable to be set aside. 3. On the other hand, learned State Counsel would support the impugned order. 4. A careful perusal of impugned order dated 25.11.2014 would show that the impugned order revoking the petitioner’s promotion to the post of AG-I was passed without giving due opportunity of hearing to the petitioner, which is in the teeth of principles of natural justice. Accordingly, impugned order dated 25.11.2014 (Annexure P/15) is hereby set aside. The matter is remitted to the Engineer in Chief, Water Resource Department, Raipur to 3 (WPS No. 7076 of 2017) pass a fresh order in accordance with law, after affording due opportunity of hearing to the petitioner, within three months from the date of receipt of copy of this order. 5. With the aforesaid observations and directions, this writ petition stands finally disposed of. Sd/- (Sanjay K. Agrawal) Judge @d!t!