1 2025:CGHC:10530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1290 of 2024 Jitendra Kumar Prasad S/o Shri Ishwar Prasad Aged About 62 Years Retired Principal, R/o Quarter No. 302, B Block, Third Floor, Mans Midoes, Bharati Nagar, Bilaspur, P.S. Civil Lines Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Under Secretary Govt. of Chhattisgarh, School Education Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh. ... Respondents For Petitioner : Ms. Laxmeen Kashyap, Advocate For Respondents/State : Mr. Saumitra Kesharwani, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 04.03.2025 1. Heard Ms. Laxmeen Kashyap, learned counsel for the petitioner and Mr. Saumitra Kesharwani, learned Panel Lawyer, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.06 10:57:12 +0530 2 2. By filing this writ petition, the petitioner has prayed for following relief(s):- “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal; 10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction, commanding the respondents to decided the appeal (Annexure P/1) preferred by the petitioner against the order dated 28.03.2023 (Annexure P/3) as early as possible preferably within a period of 15 days or within any other suitable period; and 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 3. Brief facts of the case, are that, the petitioner is a retired Principal under School Education Department. On 20.01.2022, a departmental enquiry was initiated against the petitioner vide letter/notice dated 20.01.2022 issued by respondent No.2 and the petitioner was given charge-sheet with an allegation to the effect that while posting of the petitioner as Principal at Govt. Higher Secondary School Bakaruma, Block-Dharamjaigarh, District Raigarh, meeting of Shala Vikas Samiti was not called regularly and an excess amount of Rs.2,18,160/ was recovered from the students in Academic Session 2018-19 and 2019-20. The 3 petitioner submitted reply to charge-sheet alleging that the meetings of Shala Vikas Samiti were convened regularly and no excess fee was recovered from students. In so far as the additional fees of Rs.150/- per student is concerned, the same was collected on approval of Shala Vikas Samiti and receipts were duly given to the payees. The amount of additional fee was spent in development works of the school under the supervision of Shala Vikas Samiti. After inquiry proceedings, inquiry report was submitted and thereafter, the petitioner filed his detailed reply to the enquiry report. On 28.03.2023, respondent No.2 has passed an order dated 28.03.2023, imposing punishment of recovery of Rs.2,18,160/ in addition to withholding of one increment and furthermore, it was held that the petitioner was not entitled to any allowance other than subsistence allowance. 4. Thereafter, on 11.05.2023, an appeal was preferred by the petitioner before the Hon'ble Principal Secretary, School Education Department and on 31.05.2023, the appeal was held to be non- acceptable by showing reason to the effect that the petitioner was on the post of Principal as such, the appeal had to be preferred before His Excellency, Hon'ble Governor vide letter dated 31.05.2023 issued by respondent No.2. On 18.07.2023, an appeal was preferred/sent through registered post by the petitioner before His Excellency, Hon'ble Governor, State of Chhattisgarh, challenging the order dated 28.03.2023 (Annexure P/3) passed by respondent No.2 and on 20.07.2023, one copy of appeal was 4 submitted before the Secretariat of His Excellency, Hon'ble Governor. 5. Learned counsel for the petitioner submits that the petitioner has filed this writ petition with a limited prayer that his appeal which has yet not been decided till date may be directed to be decided as the same has been filed way back on 20.07.2023. 6. I have heard learned counsel for parties and perused the documents available with the writ petition. 7. Be that as it may, the Appellate Authority, i.e. His Excellency, Hon’ble Governor, State of Chhattisgarh is requested to consider the appeal preferred by the petitioner and decide the same within some stipulated time as the said appeal is pending since 20.07.2023. 8. Learned counsel for the petitioner is directed to file a copy of this order along with a copy of the appeal before the Appellate Authority, so that his appeal will be decided within a short span of time. 9. Accordingly, this writ petition stands disposed of with aforesaid observations/directions. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh