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2026 DAILYLAW 21605 (CHH)

SMT. BHARTI SAHU v. STATE OF CHHATTISGARH

WPS/2047/2026 · 2026-06-15

Shri Bibhu Datta Guru

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:24038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2047 of 2026 Smt. Bharti Sahu W/o Shri Lakshmi Narayan Sahu Aged About 44 Years Occupation- Service, Presently Working As Chief Municipal Officer (Under Suspension) Attached To Office Of Joint Director, Department Of Urban Administration And Development, Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Secretary Government Of Chhattisgarh Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - Director Directorate Of Urban Administration And Development, 2 Government Of Chhattisgarh, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 4 - Commissioner Higher Education Department, Mantralaya, Indravati Bhawan, Nava Raipur, Chhattisgarh 5 - Divisional Joint Director Department Of Urban Administration And Development, Bilaspur, Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Ms. Anushka Sharma, Advocate For Respondent(s) : Shri Suyashdhar Badgaiya, Govt. Advocate Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 16.06.2026 1. Petitioner has filed this writ petition seeking following reliefs:- "10.1 Call for the entire records pertaining to the petitioner for kind perusal of this Hon'ble Court. 10.2 Issue a writ in the nature of certiorari quashing the part of the impugned order Annexure P-1 dated 13/01/2026 whereby the petitioner has been repatriated to her parent department. 10.3 To direct the State Government to modify/frame appropriate rules or issue 3 necessary instructions to regulate repatriation of suspended employees in order to protect them from unjust and unwarranted punishment. 10.4 Pass any other relief/order or direction, as this Hon'ble Court may deem fit and proper under the facts and in the circumstance of the case and in the interest of justice, along with cost of the proceedings." 2. Learned counsel for the petitioner submits that the petitioner is now ready to comply with the order dated 13.01.2026 (Annexure P/1), whereby the petitioner has been repatriated to his parent department. Learned counsel further submits that the petitioner will join at the place where he has been repatriated, and the respondent may be directed to release the subsistence allowance after the petitioner joins in compliance with the order dated 13.01.2026. 3. Learned counsel for the State submits that if the petitioner complies with the order dated 13.01.2026 and joins at the repatriated place of posting, the subsistence allowance shall be released in accordance with law from the date of joining of the petitioner, as the petitioner has been suspended by the borrowing department vide order dated 17.12.2025. 4 4. I have heard learned counsel for the parties and perused the documents. 5. In view of the submissions made by learned counsel for the petitioner as well as learned counsel for the respondent, the writ petition is disposed of with an observation that if the petitioner complies with the order dated 13.01.2026 (Annexure P/1) and joins the parent department, the respondent shall release the subsistence allowance in accordance with law from the date of joining of the petitioner in the parent department. 6. Accordingly, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge shoaib