1 2026:CGHC:12436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2520 of 2019  Alesh Xalxo S/o Raja Ram, Aged About 37 Years, Constable No. R/492, R/o Village And Post Kasra (Nagdoli), Tahsil Baikunthpur, PS Patna, District- Korea, Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Home Mahanadi Mantralaya, Naya Raipur, Ata, Nagar Post Office And Police Station Naya Raipur, Atal Nagar, District- Raipur, Chhattisgarh. 2. Director General Of Police, Police Headquarters, Chhattisgarh, Raipur, Chhattisgarh. 3. Deputy Inspector General Of Police (CG Armed Force-2), Police Headquarters, Raipur, Chhattisgarh. 4. Commandant 12th (Bha/ra), Battalion, Chhattisgarh Armed Force, Ramanujganj, District - Balrampur-Ramanujganj, Chhattisgarh. ... Respondents For Petitioner :- Mr. Vikas Kumar Pandey, Advocate. For State :- Mr. Amit Buxy, Dy. Government Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16.03.2026 1. The petitioner has preferred this writ petition against the impugned order dated 19.10.2015 passed by the Appellate ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2026.03.16 16:56:11 +0530 2 Authority / Respondent No.3 herein, whereby the appeal of the petitioner has been dismissed affirming the order dated 24.04.2015 passed by Respondent No.4 herein terminating the services of the petitioner from the post of Constable. 2. Mr. Vikas Kumar Pandey, learned counsel for the petitioner, would submit that the impugned orders are liable to be dismissed as the Rule 27(2) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for brevity “the Rules of 1966”) has not been complied with. 3. Mr. Amit Buxy, learned State counsel, would oppose the prayer made by learned counsel for the petitioner and support the impugned order and submit that the Appellate Authority has rightly dismissed the petitioner’s appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records minutely. 5. The manner to consider the appeal has been mentioned in Rule 27(2) of the Rules of 1966, therefore, at this stage, it would be appropriate to notice Rule 27(2) of the Rules of 1966, which states as under:- “27(2). In the case of an appeal against an order imposing any of the penalties specified in Rule 10 or 3 enhancing any penalty imposed under the said rules, the appellate authority shall consider– (a) whether the procedure laid down in these rules has been complied with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice; (b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and (c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe; and pass orders - (i) confirming, enhancing, reducing or setting aside the penalty, or (ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances or the case.” 6. A careful perusal of the record would show that the aforesaid Rules of Rule, 1966 has not been followed by the Appellate Authority while passing the impugned order and in the appellate order it has been only stated that nothing has been produced by the petitioner herein to interfere in the disciplinary order and, therefore, the petitioner’s appeal was dismissed, which caused the serious prejudice to the petitioner and, as such, the appeal of the petitioner herein was not considered in accordance with the Rule 27(2) of the Rules of 1966. 7. In view of the above, the impugned order dated 19.10.2015 is liable to be and is hereby set aside and the matter is 4 remitted to the Appellate Authority / Respondent No.3 herein for hearing and disposal in accordance with law within three months from the date of receipt of copy of this order. 8. Accordingly, the instant writ petition is allowed. Sd/- (Sanjay K. Agrawal) Judge Ankit