1 2026:CGHC:1308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 466 of 2023 Dharandra Kumar Dewangan S/o Late Shri Jitendra Dewangan Aged About 58 Years Post - Assistant Grade II, R/o T/18, D.N.K. Colony, Lokmanya Tilak Ward No. 37, Dharampura No.2, Jagdalpur, District Bastar, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Under Secretary, Department of Health And Family Welfare, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh 2 - The Director, Directorate of Health Services, Health And Family Welfare Department, Indravati Bhavan, Third Floor, Block No.1, Atal Nagar, New Raipur, District Raipur, Chhattisgarh 3 - The Collector, District Bastar, Jagdalpur, Chhattisgarh 4 - Chief Medical And Health Officer, Department of Health And Family Welfare, Jagdalpur, District Bastar, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Alok Kumar Dewangan, Advocate For State/Respondents : Mr. Hariom Rai, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.01.2026 1. Heard Mr. Alok Kumar Dewangan, Advocate for the petitioner and Mr. Hariom Rai, Panel Lawyer for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.01.08 18:26:23 +0530 2 2. The petitioner has filed this writ petition with the following relief(s):- “10.1 That the Hon'ble Court may kindly be pleased to set-aside / quash the Order Kramank ViLi - Ek/82/2021-23, Jagdalpur, Dated 03/01/2023 issued by the Collector, District Bastar, Jagdalpur, whereby petitioner has been transferred /posted from the office of Chief Medical & Health Officer, Jagdalpur, District Bastar, C.G. to Community Health Center Kilepal, Tahsil Bastanar, District Bastar, C.G. by the disciplinary authority. 10.2 This Hon'ble court may kindly be pleased to direct the Respondents to discharge the petitioner from all the allegations made against him as such he is class II employee and has nothing to do with the promotion order issued by the Chief Medical & Health Officer Jagdalpur, District Bastar, C.G. as such it was issued after due consideration by the Departmental Promotion Committee in which petitioner was not the member nor any promotion order has been issued under his signature. 10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to pay the entire salary of the petitioner for the period he was kept under suspension with all other consequential service benefits as such he was made escape goat and made sufferer for no reasons. 3 10.4 That, the Hon'ble Court may kindly be pleased to call for entire records from the office of the respondents in respect of petitioner's claim & direct the Respondents to provide the cost of the petition and other expenses suffered by the petitioner. 10.5 That, any other writ, order, directions or relief which this Hon'ble Court may deem fit may kindly be passed in favour of the petitioner.” 3. Brief facts of the case, in a nutshell are that the petitioner, working as Assistant Grade-II in the office of the Chief Medical & Health Officer, Jagdalpur, was placed under suspension on 31.03.2021 under Rule 9 of the Chhattisgarh Civil Services (Classification Control & Appeal) Rules, 1966. A charge-sheet was issued on 13.05.2021, to which the petitioner submitted replies and sought personal hearing. However, no enquiry officer or departmental enquiry committee was constituted and the petitioner continued under suspension for about 21 months. Upon revocation of suspension by order dated 03.01.2023, the Collector, Bastar, who is merely the disciplinary authority and not the appointing/transfer authority, illegally transferred the petitioner from CMHO, Jagdalpur to CHC Kilepal. Since the power of transfer rests exclusively with the appointing authority, the impugned change of headquarters by the disciplinary authority is without jurisdiction, arbitrary, and contrary to settled law, and thus liable to be quashed. 4 4. Learned counsel for the petitioner submits that the petitioner has assailed the order dated 03.01.2023 issued by the Collector, District Bastar, Jagdalpur, whereby, upon revocation of suspension, the petitioner was transferred/posted from the office of the Chief Medical & Health Officer, Jagdalpur, District Bastar, Chhattisgarh to Community Health Centre, Kilepal, Tahsil Bastanar, District Bastar, Chhattisgarh. It is contended that the said order has been passed by the disciplinary authority, which is neither the appointing authority nor the competent authority to effect transfer of the petitioner. According to learned counsel, once the suspension was revoked, the disciplinary authority had no jurisdiction to change the headquarters or posting of the petitioner, as the power of transfer vests exclusively with the appointing authority. The impugned order, therefore, is without jurisdiction, arbitrary, and contrary to settled principles of law, rendering it liable to be quashed. 5. Per contra, learned counsel for the State submits that the writ petition was filed in the month of January, 2023 and no interim relief or stay was granted in favour of the petitioner. During the pendency of the proceedings, the petitioner has already joined at the transferred place of posting, namely Community Health Centre, Kilepal. In view of the said factual position, it is urged that at this belated stage, the petitioner cannot seek any relief from this Court, particularly when the transfer order has been acted upon and has attained finality in fact. 5 6. At this stage, learned counsel for the petitioner submits that merely because the petitioner has joined the transferred place of posting, the illegality committed by the authorities cannot be cured. It is argued that an order passed without jurisdiction does not get sanctified by acquiescence or lapse of time, and therefore, even in the absence of interim protection, the Court retains the power to set aside an order which is ex facie illegal and beyond the competence of the authority issuing it. 7. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 8. It is not in dispute that pursuant to the impugned order dated 03.01.2023, the petitioner has already joined at the new place of posting i.e. Community Health Centre, Kilepal, Tahsil Bastanar, District Bastar, Chhattisgarh. It is also evident that the disciplinary proceedings, if any, have not been brought to a logical conclusion, and presently, both the parties are not in a position to clarify the precise status of the disciplinary action initiated against the petitioner. 9. Considering the totality of facts and circumstances of the case, and particularly the fact that the impugned transfer order has already been acted upon and the petitioner has joined at the transferred place of posting long back, this Court is of the considered opinion that no fruitful purpose would be served by entering into the merits of the controversy at this stage. 6 10. Accordingly, the writ petition is disposed of, reserving liberty to the petitioner to raise all available grounds and challenge the issues involved, including the question of jurisdiction and validity of the impugned order, in any appropriate subsequent proceedings, if occasion so arises after the authorities take further action in accordance with law. 11. It is clarified that this Court has not expressed any opinion on the merits of the case, and all contentions of the parties are left open to be urged before the appropriate forum, if and when the need so arises. Sd/- (Amitendra Kishore Prasad) Judge Yogesh