1 2026:CGHC:5141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1158 of 2026 Smt. Savitri Sharma W/o Bal Kishan Sharma Aged About 60 Years Occupation- Service, Presently Suspended, Posted As Head Master, At Government Middle School, Mangla, Bilaspur, District Bilaspur (C.G.) R/o A-1, Rukmani Vihar, Behind Lic Office, Magarpara, Bilaspur, District- Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District- Raipur (C.G.). 2 - Director Directorate Of Public Instruction, First Floor, Block-C, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.). 3 - Commissioner Bilaspur Division, Bilaspur, District- Bilaspur (C.G.). 4 - Collector Bilaspur, District- Bilaspur (C.G.). 5 - District Education Officer Bilaspur, District- Bilaspur (C.G.). 6 - Joint Director School Division, Bilaspur, District- Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Malay Shrivastava, Advocate For State/Respondents : Mr. V.K. Pandey, Dy. A.G. Single Bench : Hon'ble Shri Justic e Parth Prateem Sahu Order on Board 2 30/01/2026 1. Petitioner has filed this writ petition praying for the following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records of the petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to quash the order dated 17.09.2025 bearing no. Complaint Enquiry/E.-341/2025-26/4445 (Annexure P/1) passed by the respondent No.6. 10.3 That, This Hon’ble Court may kindly be pleased to grant any other relief(s) which is deemed fit and proper in the aforesaid facts and circumstances of the case. 10.4. That, this Hon’ble Court may kindly be pleased to grant cost of the petition. 2. Learned counsel for the petitioner submits that petitioner who is working on the post of Headmaster and was posted at Government Middle School, Mangla, District - Bilaspur has been suspended by the Joint Director Education Division Bilaspur, Chhattisgarh vide order dated 17.09.2025 which is without any authority of law. He submits that the post of the petitioner falls within Class-II Gazetted Officer therefore, the Divisional Commissioner would be competent authority as per notification dated 04.08.2008. 3. He contended that in the similar facts of the case Division Bench of this Court considering that the issue with regard to the suspension by the authority not competent has allowed the writ appeal taking note of the notification dated 04.08.2008. He submits that the powers has been delegated 3 to the Divisional Commissioner and therefore, case of the petitioner is covered with the decision of the Division Bench in case of Mansingh Bharadwaj Vs. State of Chhattisgarh reported in WP (S) No. 5711/2025. 4. Counsel for the State while opposing the submission of counsel for petitioner would submit that the service of petitioner is governed by Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (hereinafter for brevity referred to as the Rules, 2019). Referring to Scheduled - I formulated under Rule 5, he would submit that under entry no. 25 of Schedule, it is mentioned that the Head Master (Middle School) and the appointing authority of whom, is shown as Joint Director. He also submits that the State Government vide order dated 13.11.2019 has delegated the administrative powers to the Divisional Joint Director and it also provides for suspension of the employees where, Joint Director is the appointing authority and the employees of Class-III and IV working under him. He placed before this Court, concerned rule as also copy of the order dated 13.11.2019. 5. I have heard learned counsel for the parties. 6. Only ground raised by counsel for the petitioner before this Court is that Joint Director is having no authority to suspend the petitioner. I am not inclined to accept the submissions 4 made by learned counsel for the petitioner in view of the specific Rules of 2019 wherein, the Joint Director is the appointing authority of the Headmaster (Middle School), post which the petitioner is holding and further, the State Government vide order dated 13.11.2019 has delegated the administrative power to the Divisional Joint Director to suspend the employees of whom the Joint Director is appointing authority and Class - III and Class - IV employees working under him. 7. 7. So far as the submission of learned counsel for the petitioner relying upon the decision in the case of Mansingh Bharadwaj (Supra) is concerned, said case is distinguishable on facts. In that case, according to the submission of the petitioner, the petitioner therein was holding the post of Principal, which is a higher post than that of Headmaster (Middle School). Division Bench of this Court has taken note of the fact that the appointing authority of Principal under the Rules is the State Government and in that facts of the case, the writ appeal was allowed by the Court. 8. For the forgoing discussion. I do not find any merit in this writ petition and accordingly, it is dismissed. So far as the pleadings/grounds raised in the writ petition on merits, petitioner is having efficacious alternative remedy of appeal under Rule 23 of the Chhattisgarh Civil Services 5 (Classification, Control and Appeal) Rules 1966 to challenge the order of suspension. Sd/- (Parth Prateem Sahu) Judge Arpan/Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY