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2026 DAILYLAW 14419 (CHH)

HEMANT NAYAK v. STATE OF CHHATTISGARH

WPS/1433/2026 · 2026-02-05

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 2026:CGHC:6719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1433 of 2026 Hemant Nayak S/o Shri Ramchandra Nayak Aged About 36 Years Police Department, Government Of C.G., Presently Posted At Police Line Sarangarh District Sarangarh, R/o Village And Post Office Bhagat Devri Tahsil Pithora District Mahasamund C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home/ Police, Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.) 2 - Director General Of Police Police Headquarters, Naya Raipur (C.G.) 3 - Superintendent Of Police District Baloda Bazar- Bhatapara (C.G.) 4 - Additional Superintendent Of Police District Baloda Bazar- Bhatapara (C.G.) (Enquiry Officer) 5 - Presenting Officer District Baloda Bazar- Bhatapara (C.G.) ... Respondents For Petitioner : Mr. Anand Mohan Tiwari, Advocate For State : Mr. Ajay Kumarani, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.07 12:10:48 +0530 2 / 3 06.02.2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 Issue an appropriate Writ, order or direction, preferably in the nature of certiorari, quashing the departmental charge sheet dated 06.08.2025, or in the nature of mandamus, commanding the respondents to stay all further proceedings in the departmental enquiry initiated thereby, pending the final disposal of the Criminal Case related to final charge sheet no. 833/2025 before the court of Chief Judicial Magistrate, Baloda Bazar; 10.2 Issue a Writ, Order or Direction in the nature of Mandamus, directing the respondents, their agents, and subordinates to desist from compelling the petitioner to participate in the said departmental enquiry during the pendency of the aforementioned criminal trial. 10.3 Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice, including the award of costs.” 2. Learned counsel for the petitioner submits that petitioner is holding the post of Constable. Petitioner pursuant to the charge-sheet issued on 06.08.2025 is facing departmental enquiry proceedings. He submits that subject matter of departmental enquiry is arising out of criminal case registered against the petitioner bearing criminal case no. 670 of 2025. Many witnesses in both the proceedings are common and, therefore, petitioner has submitted representation before respondent no. 3 requesting to stay the departmental enquiry which is pending consideration, therefore, direction be issued to respondent no. 3 to consider and take decision on pending representation, at the earliest. 3. Learned State counsel submits that in view of limited prayer made by learned counsel for the petitioner , he is having no objection. 4. On due consideration of submission made by learned counsel for the respective parties, nature of grievances as raised in this writ petition 3 / 3 and further considering that the representation submitted by petitioner before respondent no. 3 is still pending consideration, I find it appropriate to dispose of this writ petition at this stage directing respondent no. 3 to consider and take decision on pending representation submitted by petitioner, in accordance with law, expeditiously, preferably within a further period of 04 weeks from the date of receipt of the Order. It is ordered accordingly. 5. Accordingly, this petition is disposed of with aforesaid observation and direction. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza