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2025 DAILYLAW 9336 (CHH)

MANAV SONKAR v. STATE OF CHHATTISGARH

WPS/1351/2025 · 2025-02-21

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:9126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1351 of 2025 1 - Manav Sonkar S/o Shri Ghana Ram Sonkar Aged About 49 Years R/o Diprapara Durg, Ward No. 39, District - Durg (C.G.). Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Home Department, Manatralaya, Mahanadi Bhavan, Naya Raipur, District - Raipur (C.G.). 2 - Director General Of Police, Police Headquarter Naya Raipur District - Raipur Chhattisgarh. 3 - Superintendent Of Police, Durg (C.G.). Respondent(s) For Petitioner(s) : Mr. T.K. Jha, Advocate For Respondent(s) : Mr. Kanwaljeet Singh, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/02/2025 1. By the present writ petition, the petitioner is questioning the charge-sheet issued by Superintendent of Police dated 28/01/2025 on the ground that for the same allegation the petitioner has already been punished with censure, however, again the charge-sheet has been issued and departmental inquiry has been initiated. 2. Learned counsel for the petitioner submits that the petitioner has already RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.22 13:33:13 +0530 2 been punished for the same allegation, therefore, again the subsequent inquiry on the basis of same allegation/act is not maintainable. He submits that the petitioner has already moved an application before the Superintendent of Police on 09/02/2025 by bringing the grievance that subsequent inquiry for the same act is not maintainable, however, without considering the application submitted by the petitioner, the respondent/SP is proceeding in the Departmental Inquiry pursuant to the charge-sheet (Annexure-P/2). 3. Learned counsel for the State would submit that if the application of the petitioner dated 09/02/2025 is still pending before the Superintendent of Police, the same shall be considered by the Superintendent of Police in accordance with law within a period of 20 days from the date of placing the order of this Court. 4. I have heard counsel for the parties and perused the order of punishment (Annexure-P/1). 5. It appears that earlier for the same cause, the petitioner has been penalized with the punishment of censure and subsequently again a charge-sheet has been issued by the Superintendent of Police, District Durg for the same allegation, for which the petitioner has already raised objection before the SP. Therefore, the Superintendent of Police, Durg is directed to decide the application submitted by the petitioner on 09/02/2025 in accordance with law within a period of 20 days from the date of placing the copy of this order. 3 6. With the aforesaid directions, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul