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2026 DAILYLAW 21454 (CHH)

VIMLA MISHRA v. STATE OF CHHATTISGARH

WPS/4323/2026 · 2026-06-15

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:23953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4323 of 2026 Vimla Mishra W/o Krishna Kumar Mishra Aged About 65 Years R/o Premises Of Shaskiya (Govt.) Kanya Shiksha Parisar, Bishunpur, Ambikapur, P.S. And P.O. Ambikapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Tribal Development Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - State Of Chhattisgarh Through Secretary Kosh, Lekha And Pension Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 4 - Joint Director (Kosh, Lekha And Pension) Surguja, Ambikapur, District Surguja Chhattisgarh 5 - Joint Director Education Department, Surguja Division, Ambikapur, District Surguja Chhattisgarh 6 - Commissioner Surguja Division, District Surguja Chhattisgarh 7 - Assistant Commissioner Tribal Development, Ambikapur, District Surguja Chhattisgarh 8 - Office Of Collector (Tribal Development) Through Collector Surguja, Ambikapur, District Surguja Chhattisgarh 9 - District Education Officer Ambikapur, District Surguja Chhattisgarh 10 - Principal Shaskiya (Govt.) Kanya Shiksha Parisar, Ambikapur, District Surguja Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Shreyansh Mehta, Advocate For Respondent(s) : Shri Luv Sharma, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 16.06.2026 3 1. Petitioner has filed this writ petition seeking following reliefs:- "10.1. That, this. Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders calling for entire records pertaining to the case of the Petitioner from the Respondent authorities for kind perusal and adjudication of the instant petition. 10.2. That, this Hon'ble Court may Kindly be pleased to issue a writ/writs, direction/directions, order/orders and set aside/quash the impugned order dated 03.04.2026 (ANNEXURE P/1) passed by Respondent No. 9 as approved by the Respondent No. 8. 10.3. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and quash the Chargesheet dated 24.11.2014 issued by the Respondent Authorities, in the interest of justice. 10.4. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders directing the Respondent authorities to forthwith release the pension and all consequential retiral/pensionary benefits with arrears and interest, at the earliest within a stipulated time frame preferably within a period of 30 days. 4 10.5. Any other and further relief(s) that this Hon'ble Court deems fit in the interest of justice." 2. Learned counsel for the petitioner submits that, after the imposition of the penalty dated 03.04.2026 by the Disciplinary Authority, the petitioner preferred an appeal under Rule 23 of the CCA Rules, 1966 vide Annexure P/19 on 23.04.2026. Though the petitioner is questioning the order of punishment dated 03.04.2026, he submits that the petition may be disposed of with a limited direction to the Appellate Authority to decide the pending appeal filed on 23.04.2026, as the petitioner retired from service on 31.10.2023 and no retiral dues have been paid to him since February, 2026. 3. Learned counsel for the respondents submits that, as the petitioner's grievance is limited and he is seeking a direction for disposal of the departmental appeal pending since 23.04.2026 before the Appellate Authority, i.e., the Commissioner, Surguja Division, Ambikapur (C.G.), the same shall be decided within a period of 45 days. 4. I have heard learned counsel for the parties and perused the documents. 5 5. In view of the limited prayer made by the petitioner and the submission made by learned counsel for the respondents, the writ petition is disposed of with a direction to the Appellate Authority, i.e., the Commissioner, Surguja Division/respondent No. 6, to decide the pending appeal (Annexure P/19) dated 23.04.2026 within a period of 45 days. 6. It is made clear that this Court has not expressed any opinion on the merits of the matter, the concerned respondent authority is directed to consider and decide the issue as per the extant rules and on its own merits. sd/- (Bibhu Datta Guru) Judge shoaib