1 2026:CGHC:24339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4534 of 2026 1 - Dr. Dharmendra Kumar Gahwai S/o Shri Ram Awtar Gahwai Aged About 47 Years Occupation Deputy Director, Directorate Of Health Services, Chhattisgarh, R/o F-3/201, Sector 17, Naya Raipur Atal Nagar, Distt. Raipur, Chhattisgarh 492002. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 2 - Commissioner Cum Director Directorate Of Health Services, Chhattisgarh, Swasthya Bhawan, North Block, Sector 19, Naya Raipur Atal Nagar, Distt. Raipur, Chhattisgarh. 3 - Joint Director/ Chairperson Enquiry Committee, Directorate Of Health Services, Chhattisgarh, Swasthya Bhawan, North Block, Sector 19, Naya Raipur Atal Nagar, Distt. Raipur, Chhattisgarh. ... Respondents For Petitioner : Mr. Soumitra Kesharwani, Advocate. For Respondents/State : Mr. Aditya Tiwari, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 17/06/2026 1. By the present petition, the petitioner is seeking for the following reliefs:- AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.06.18 10:52:34 +0530 2 “i. That the Hon'ble Court may be pleased to issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned Order dated 01.12.2025 (Annexure P/6) and all proceedings, notices and summons emanating therefrom; ii. That the Hon'ble Court may further be pleased to issue an appropriate writ, order or direction in the nature of mandamus directing Respondents Nos. 2 and 3 to forbear from proceeding further with the departmental enquiry against the Petitioner pursuant to the complaint dated 24.05.2025; iii. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.” 2. Facts of the case, in brief, are that the petitioner is working as Deputy Director in the Directorate of Health Services. According to him, he was married to Smt. Aditi Chandrakar on the 20.02.2018, however, owing to some matrimonial disputes, his wife lodged FIR No. 16/2025 at Mahila Thana, Raipur under Section 85 of the Bharatiya Nyaya Sanhita, 2023. She also instituted a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (Case No. 453/2025) before the Family Court, Raipur, seeking divorce. However, during pendency of the aforesaid proceedings the petitioner's wife lodged a complaint to respondent No. 1 reiterating the same allegations and seeking departmental action against the petitioner. The 3 said complaint was forwarded by Respondent No. 1 to the Director, Health Services vide letter dated 23.06.2025. Thereafter, a Committee was constituted and notice was issued to the petitioner. According to the petitioner, the entire action initiated against him is not at all sustainable in the eyes of law. Thus, this petition. 3. Learned counsel for the petitioner would submit that the petitioner has no objection if proper departmental enquiry contemplated against him, however, the petitioner is aggrieved by the manner in which the enquiry initiated against him vide Annexure P-6 by constituting a Committee to examine the complaint filed against him by his wife. He would further submit that in the said enquriy the petitioner is being asked to led evidence before the Committee. 4. Learned counsel for the State, on the other hand, would submit that the present is not a case of departmental enquiry whereas it is an internal enquiry to examine the complaint lodged by the wife of the petitioner. He would submit that the present writ petition is not maintainable because the complainant, who is the wife of the petitioner, has not been impleaded as a necessary party. 5. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 6. Having perused the order Annexure P-6, it appears that by this order, a Committee was constituted to examine the complaint 4 filed by the wife of the petitioner, therefore, it cannot be termed as a departmental enquiry. The petitioner failed to establish any illegality or irregularity in the action taken by the authorities. Even otherwise, the petitioner failed to implead the complainant/wife of the petitioner as a necessary party in the petition. 7. In the result, the writ petition, sans substratum, is liable to be and is hereby dismissed at the motion stage itself. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep