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2026 DAILYLAW 13196 (CHH)

AWADHESH KUMAR PANDEY v. STATE OF CHHATTISGARH

WPS/720/2020 · 2026-02-15

Shri Sanjay K Agrawal

body2026

Judgment text

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1 2026:CGHC:8313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 720 of 2020 Awadhesh Kumar Pandey, S/o. Shri O.N. Pandey, Aged About 42 Years, Terminated Principal At Aklavya Adarsh Residential School Antagarh, District North Bastar Kanker, Chhattisgarh, R/o. MIG-I - 212, Borasi Colony, Durg, District - Durg Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through Secretary, Department Of Tribal Welfare And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District – Raipur, Chhattisgarh. 2 - Assistant Commissioner / Member Secretary, District Level Tribal Welfare, Residential And Ashram Education Institution Committee, North Bastar Kanker, Chhattisgarh. 3 - Collector (Tribal Development Department), North Bastar Kanker, Chhattisgarh. ... Respondents For Petitioner : Mr. Asseem Bhagwat Gopal, Advocate For Respondents : Mr. Amit Buxy, Dy. Govt. Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.02.17 10:27:44 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16.02.2026 1. The petitioner has preferred this writ petition seeking quashment of the order dated 08.07.2013 by which he has been terminated from his service. 2. It is the case of the petitioner that the petitioner was caught red handed taking a bribe of Rs. 5000/- from Superintendent Shri Rainu Ram Hidko and he was arrested for offence under Section 7, 13(1) (d), 13(2) of the Prevention of Corruption Act. On the basis of which, he was terminated from his service on 08.07.2013. Thereafter, he has been acquitted on 27.07.2017 by the Special Judge (Anti Corruption Act) North Bastar Kanker and feeling aggrieved against the order of acquittal, the State has preferred CRMP No.868/2018 (State of Chhattisgarh v. Avdhesh Pandey), which has been dismissed on 11.06.2025. 3. Learned counsel for the petitioner would submit that the respondent authorities be directed to reinstate the services of the petitioner on the basis of acquittal order or in alternative, he would further submit that respondent authorities be directed to decide the representation of the petitioner as early as possible. 3 4. Learned State counsel opposes the prayer made by the petitioner, however, he further submits that if the petitioner files a fresh representation, the same will be considered and decided in accordance with law. 5. Since the petitioner has been acquitted and acquittal appeal preferred by the State has also been dismissed, the petitioner is granted a liberty to file a fresh representation/application seeking appropriate relief before the Collector, Tribal Development Department i.e. Respondent No.3 within a period of 3 weeks from today and the concerned authority i.e. respondent No.3 is directed to consider and decide the representation of the petitioner, as early as possible, preferably within a period of 8 weeks, as the petitioner has already been acquitted by criminal Court and also by this Court in acquittal appeal. However, it is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the case of the petitioner, on its own merits, strictly in accordance with law. 6. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Sanjay K. Agrawal) Ashok Judge