1 2026:CGHC:23545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4466 of 2026 1 - Dr. Rajesh Kumar Gupta S/o Amar Prasad Gupta Aged About 45 Years Posted As District Malaria Officer, Namnakala, Ambikapur, District - Sarguja Chhattisgarh, ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2 - Director Health Services Directorate, Indrawati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Divisional Joint Director Health Services Directorate, Health And Family Welfare Department, Ambikapur, District Sarguja Chhattisgarh 4 - Collector Ambikapur, District- Sarguja Chhattisgarh 5 - Chief Medical Officer Ambikapur, District- Sarguja Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vibhor Govardhan, Advocate. For Respondents / State : Mr. Sabya Sachi Choubey, Government Advocate. SB: Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 02/06/2026 1) Heard. 2) Learned counsel for the petitioner would submit that earlier the petitioner was transferred from the post of District Malaria Officer, SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2026.06.04 10:44:30 +0530 2 Ambikapur, District Sarguja to Medical Lab Technologist, Ambikapur, District Sarguja, which was stayed by the Co-ordinate Bench of this Court vide order dated 30/04/2026 passed in WPS No.3749/2026 and in compliance of that order, the Divisional Joint Director, Health Services, Ambikapur, District Sarguja has also issued order despite that only to defy the stay order passed by this Court, the Collector, Ambikapur, District Sarguja has issued notice to the petitioner, who is on medical leave by filing proper application, to show cause as to why the suspension proceedings be not initiated against him on account of unauthorized absence. He further submits that the Collector has no authority to issue such notice, but only to harass the petitioner, the impugned notice dated 19/05/2026 (Annexure P- 12) has been issued to the petitioner, therefore, he prayed that the impugned notice may be quashed. 3) In reply, learned counsel for the State submits that the Collector, is an administrative head of the District and health is a subject which comes under administrative control of the Collector and the petitioner is unauthorizedly absent from his duties without there being any acceptance of his leave application. However, he seeks time to verify as to whether the leave application of the petitioner has been decided or not. 4) Having considered the fact that the stay order has already been passed by the Co-ordinate Bench of this Court in WPS No.3749/2026 vide order dated 30/04/2026, it has also been mentioned by the petitioner that he has already filed an application 3 for grant of leave along with Medical Prescription, vide Annexure P- 10 and State counsel also could not able to apprise the Court as to whether the application has been decided or not, without entering into merits of the case, the impugned notice dated 19/05/2026 (Annexure P-12), issued by the Collector, Ambikapur, District Sarguja is hereby quashed. However, liberty is left with the respondent authorities to take appropriate steps in accordance with law, if the same is available to them. 5) With the aforesaid observation/direction, the petition stands disposed of at the motion stage itself. 6) In view of above, pending interlocutory applications, if any, shall also stand disposed of. Sd/-Sd/-Sd/-Sd/- (Naresh Kumar Chandravanshi) Judge sunita