1 2025:CGHC:6287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 952 of 2025 1 - Dumendra Kumar Deshmukh S/o B.L. Deshmukh Aged About 37 Years Presently Posted As Constable Chhattisgarh Armed Force At 19 Pokhran Battalion, Karanpur Jagdalpur District Bastar Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department of Home, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Director General of Police, Police Head Quarters, Atal Nagar, District Raipur Chhattisgarh 3 - Deputy Inspector General of Police, Chhattisgarh Armed Force South Range Bastar Jagdalpur District Bastar Chhattisgarh 4 – Commandant, C.T.J.W. College, Kanker District Kanker, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Diksha Gouraha, Advocate For State/respondents : Shri Suyashdhar Badgaiya, Dy. Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 4/02/2025 1. Ms. Diksha Gouraha, learned counsel for the petitioner submits that the petitioner has been given Grade C (Average) in his annual confidential report for the year 2021-22. An appeal was filed against that grading, however, the appellate authority has also declined to improve the grading given in the Digitally signed by GOPAL SINGH Date: 2025.02.13 11:17:25 +0530 2 annual confidential report. A representation was moved by the petitioner before the Assistant Commandant, CTJW College, Kanker. His representation was decided stating that the petitioner has approached the High Court by filing a petition which is disregard of the orders of the higher authorities, as such the conduct of the petitioner is doubtful and his integrity is also doubtful. Learned counsel further submits that only on the ground that the petitioner has filed a petition before this Court challenging his transfer, the present impugned order cannot be passed. It is against the law. In para 8.11 of the instant writ petition, it is submitted as under: “8.11 That, the petitioner has completed the 15 years (2008-2023) of his service period in a scheduled area i.e. Kanker, and as per the guideline circulated in a State Circular punished on 03/08/2015 by State. The clause 1.7 of the said circular is being quoted herein below: vuqlwfpr {ks= esa inLFkkiuk vof/k ds xksiuh; izfrosnuksa esa vafdr Þxß Js.kh dks Þ[kß Js.kh rFkk Þ[kß Js.kh dks Þdß Js.kh ekU; dj ldsxh] fdUrq Þdß Js.kh dks Þd$ß rFkk Þ?kß Js.kh dks Þxß Js.kh ekU; ugha fd;k tk ldsxk] Js.kh mUu;u dk ykHk dsoy vuqlwfpr {ks= esa inLFkkiuk dh vof/k ds xksiuh; izfrosnu ds fd;s gh izkIr gksxk + Copy of the circular Dated 03/08/2015 issued by the GAD, State of C.G. is annexed as ANNEXURE P/9.” 2. Learned counsel for the State/respondents submits that the grading in the annual confidential report has rightly been given to the petitioner and it is not required to be improved. 3. Considering the facts and circumstances of the case and further considering the reasons assigned by the authority concerned for giving the Grading C, this Court is of the opinion that the impugned order dated 30.11.2022 passed by the Deputy Inspector General of Police is palpably illegal and it cannot be passed in such a way, as such the respondents are directed to consider the case 3 of the petitioner for improvement/upgradation of his grading in his annual confidential report in light of the above-quoted circular and to pass appropriate orders afresh in accordance with law. It is made clear that the petitioner has made ground that only due to the reason that he has challenged his transfer order the authorities are biased against him. It is made clear that while passing the fresh orders the authorities concerned shall consider this aspect also. 4. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh