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2025 DAILYLAW 60576 (CHH)

BASANT KUMAR PAWAR v. CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LIMITED

WPS/5757/2022 · 2025-12-07

Shri Sachin Singh Rajput

body2025

Judgment text

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1 2025:CGHC:59493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5757 of 2022 1 - Basant Kumar Pawar S/o Late Phaguram Pawar Aged About 55 Years R/o Anustha Residency, Smriti Nagar, Bhilai, Distt. Durg Chhattisgarh ... Petitioner(s) versus 1 - Chhattisgarh State Power Distribution Company Limited Vidyut Sewa Bhawan, Danganiya, Raipur, District Raipur Chhattisgarh 2 - The Chief Engineer Chhattisgarh State Power Distribution Company Limited, Rajnandgaon Region, Rajnandgaon Durg Road, Parri Nala, Rajnandgaon, Distt. Rajnandgaon Chhattisgarh 3 - The Superintendent Engineer (City Circle 1) Chhattisgarh State Power Distribution Company Limited, Behind Dks Bhawan, G.E.Road, Raipur Chhattisgarh 4 - The Executive Engineer (O And M) Chhattisgarh State Power Distribution Company Limited Rajnandgaon Division, Kailash Nagar, Rajnandgaon, Distt. Rajnandgaon Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Kshitij Sharma, Advocate For Respondent(s) : Mr. K. R. Nair, Advocate (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 08/12/2025 1. The petitioner has filed this petition seeking following relief(s):- 10.1 That the Hon'ble Court may be pleased to issue appropriate writ/order/direction commanding authorities to produce the entire record pertaining to the petitioner's case. 2 10.2 That the Hon'ble Court may be pleased to issue appropriate writ/order/direction quashing the communication dated 24.08.2022 (Annexure P-1), 26.07.2022 along with the entire charge sheet (Annexure P-2 Colly), since the same is blatantly illegal and non est. 10.3 That the Hon'ble Court in consequence to the aforesaid, may be pleased to restrain the Respondent from holding any disciplinary inquiry against the petitioner. 10.4 That, without prejudice to the aforesaid, in the alternative this Hon'ble Court may issue appropriate direction to the Respondents, directing them to reconsider the case of the petitioner in view of the reply dated 30.04.2021 submitted by him. 10.5 Any other relief(s), direction(s), which Hon'ble the Court deems fit, and proper, in the circumstances of the case. 2. Learned counsel for the petitioner submits that a charge-sheet dated 26.07.2022 was issued to the petitioner with a charge that he was involved in an activity, specifically the interpolation of meter reading software, which caused financial loss to the respondents. He submits that after the charge-sheet was issued, the respondents have neither appointed an Enquiry Officer nor any Presiding Officer, and consequently the inquiry has not proceeded. He further submits that instead of proceeding with the inquiry, the respondents have constituted a five-member committee, and the report submitted by this committee indicates that the petitioner was not involved in the charges leveled against him. Therefore, the relief as claimed may be granted. 3. Learned counsel for the respondents submits that the petitioner was only issued a charge-sheet inviting his reply, and as the petitioner has not filed the reply, it cannot be said that the respondents would not consider the reply of the petitioner. 4. Be that as it may, petitioner is given liberty to reply to the charge-sheet within a period of 120 days from the date of receipt of a copy of this order, along with any documents on which he intends to rely, including any report submitted by the five- member committee constituted by the respondents. Thereafter, the respondents/ competent authority would take a decision as to whether they wish to continue with the departmental enquiry against the petitioner or to drop the same. 3 5. With this observation and direction, this writ petition is disposed of. 6. If any adverse order is passed against the petitioner, he may approach this Court again. 7. All pending applications stand disposed of. 8. The documents which have been placed before this Court are taken on record. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.12.11 10:54:53 +0530