1 2026:CGHC:6662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2316 of 2021 1 - Kachra Ram Kashyap S/o Kartik Aged About 46 Years Working As Dresser I, And Posted At Primary Health Centre Chapar Bhanpuri, Block Tokapal, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 2 - Krishna Kumar Kashyap S/o Budhram Kashyap Aged About 47 Years Working As Dresser I, And Posted At Primary Health Centre Bhanpuri, Block Tokapal , District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Hari Singh Thakur S/o Ramlal Thakur Aged About 53 Years Working As Dresser I, And Posted At Primary Health Centre Tritirgaon, Block Nangaon , District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 4 - Nakul Ram Baghel S/o Late Shri Maiku Ram Aged About 46 Years Working As Dresser Ii, And Posted At Community Health Centre Bakawand, Block Bakawad, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 5 - Hira Ram S/o Jhaduram Aged About 47 Years Working As Dresser Ii, And Posted At Community Health Centre Tokapal, Block Tokapal , District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 6 - Ajay Bhan Thakur S/o Late Shri Laxminath Thakur Aged About 40 Years Working As Dresser Ii, And Posted At Primary Health Centre Alnar, Block Lohandiguda, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Medical And Health Service, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector Jagdalpur , District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Chief Medical Officer Medical And Health Service , Jagdalpur , District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vinod Kumar Sharma, Advocate HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.03.10 14:18:50 +0530 2 For Respondent(s) : Mr. Suyash Dhar Badgaiya, GA Hon'ble Shri Justice Sachin Singh Rajput Order on Board 05.02.2026 1) The petitioners have filed this petition seeking the following relief(s):- ““(i) That, this Hon'ble Court may kindly be pleased to quash the Annexure P-1 and Annexure P-2 and be directed to allow the petitioners to continue in the promoted post with all consequential benefit, in interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted..”” 2) Learned counsel for the petitioners would submit that the petitioners were working on the post of Dresser -1 and Dresser-2 under respondent No.3. Subsequently, he was promoted to the post of Dresser -1 and Dresser-2 by the competent authority in the year 2020. However, without affording any opportunity of hearing, the promotion order was canceled by respondent No.3 vide order dated 30.03.2021 Annexure P/2. He contends that the concerned authority ought to have provided sufficient opportunity of hearing before canceling the promotion order, as it has civil consequences. 3) On the other hand, the learned State counsel opposes the submissions made by counsel for the petitioners and submits that there were other similarly situated employees, and an enquiry was conducted against them with regard to irregularities in their promotion. He further submits that pursuant to directions issued in WP(S)/9778/2019 and WP(PIL)/91/2019, a committee was constituted to conduct an enquiry, wherein it was found that the petitioners and other similarly situated persons were wrongly granted promotion to the post of Dresser -1 3 and Dresser-2. On the basis of findings recorded by the committee, the concerned authority issued the impugned cancellation order. 4) Heard the learned counsel for the parties and perused the documents on the record. 5) From a perusal of the documents, it appears that after the petitioners promotion to the post of Dresser -1 and Dresser-2, certain writ petitions, including a Public Interest Litigation, were filed before this Court challenging such promotion. Pursuant to the orders passed in those petitions, a committee was constituted to enquire into the matter regarding promotion granted to the petitioners and other similarly situated employees. The allegations made in the complaint were found to be substantiated, and subsequently, the promotion order of the petitioners were canceled by respondent No.3 vide the impugned order. 6) Though an enquiry committee was constituted pursuant to directions issued by High Court and irregularities were found in the promotion process by the said committee, but at the same time, it is equally true that the petitioners were not afforded any opportunity of hearing before the issuance of the impugned order dated 30.03.2021 and the same is in violation of the principles of natural justice. 7) Further, the interim order dated 13.04.2021 is operating in favour of the petitioners, and the petitioners are still discharging the functions of Dresser -1 and Dresser-2. This indicates that the cancellation order has been kept in abeyance pending the outcome of this petition. 8) Taking into consideration the fact that the cancellation of the promotion order has serious civil consequences affecting the petitioner's service career, this Court finds that the impugned order 4 dated 30.03.2021 suffers from the vice of violation of the natural justice principles; thus, the impugned order dated 30.03.2021 (Annexure P-2) and the Annexure P/1 dated 24.03.2021 passed by the office of the Collector and District Magistrate District- Bastar, Jagdalpur (CG) are hereby quashed. Accordingly, this writ petition stands Allowed. No order as to costs. 9) Respondent No.3 would be at liberty to pass a fresh order after affording a due opportunity of hearing to the petitioners. Sd/- (Sachin Singh Rajput) Judge H.Ansari