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2026 DAILYLAW 1966 (CHH)

Nanku Singh v. State Of Chhattisgarh

WPS/6365/2017 · 2026-01-07

Shri Sachin Singh Rajput

body2026

Judgment text

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1 2026:CGHC:1251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6365 of 2017 Nanku Singh S/o Late Shri Rajbali Singh Aged About 61 Years R/o Pushpak Nagar, Street No. 01 Ward No. 60 , Durg Police Station Mohan Nagar Tahsil And District Durg Chhattisgarh. , Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Home Police Mahanadi, Mantralaya Police Station And Post - Rakhi New Raipur District Raipur Chhattisgarh. 2 - Director General Of Police , D G P Police Headquarters P H Q Near Mahanadi Mantralaya Police Station And Post Rakhi, New Raipur District Raiur Chhattisgarh. 3 - Inspector General Of Police I G P Office Of Inspector General Of Police I G P Shankar Nagar Raipur District Raipur Chhattisgarh. 4 - Superintendent Of Police , S P Office Of Superintendent Of Police S. P. Dhamtari District Dhamtari Chhattisgarh. 5 - Preliminary Enquiry Officer, Subedar, Traffic Thana Dhamtari District Dhamtari Chhattisgarh. ... Respondents For Petitioner : Mr. Abhishikh Pandey and Mr. Rishabhdev Sahu, Advocates For Res./State : Mr. Ghanshyam Kasyap, Deputy Government Advocate 2 Hon'ble Shri Justice Sachin Singh Rajput Order On Board 08/01/2026 1. This writ petition has been preferred for quashment of the impugned chargesheet dated 17.05.2017 issued by respondent No. 4, Superintendent Of Police, Dhamtari, District- Dhamtari and also the entire Departmental Enquiry initiated against the petitioner at the strength of the same chargesheet. 2. This Court vide order dated 14.12.2017, observed that till next date of hearing, departmental enquiry shall not proceed further against the petitioner. 3. Learned counsel for the petitioner submits that challenge in this writ petition is at the strength of Rule 18 of the The Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short CCA Rules, 1966). As the chargesheet indicates conduction of an inquiry against four delinquent employees which is impermissible without the written approval of the higher authority. The return has been filed by the respondents wherein it has been stated by the learned counsel for the respondents that appropriate permission was sought by the Superintendent of Police from the Inspector General of Police, Raipur Range, Naya Raipur, thus, there is sufficient compliance of Rule 18 of the CCA Rule, 1966. Even otherwise they submit that as the petitioner himself is compulsory retired vide order dated 18.08.2017 passed by Deputy Inspector General of Police (Administration), of Police Headquarter, Chhattisgarh, New Raipur, therefore, this writ petition has become infrucutous. 4. Learned counsel for the respondents submits that as per instruction received, the petitioner is compulsory retired in public interest with effect from 18.08.2017 vide order dated 18.08.2017, passed by the Deputy Inspector General of Police (Administration), of Police Headquarter, Chhattisgarh, New 3 Raipur,. Copy of the order dated 18.08.2017 is filed before this Court which is directed to be taken on reocrd. 5. Copy of the order dated 18.08.2017 is taken on record. 6. Taking into consideration the submission made by learned counsel for the parties and also considering that prima facie there is sufficient compliance of Rule 18 of CCA Rules, 1966, 7. In view of the above, the writ petition is disposed of reserving liberty to the petitioner to participate in the departmental enquiry if continued by the State. The petitioner is also at liberty to challenge the order of his compulsory retirement, if so desires. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2026.01.15 18:14:37 +0530