1 2026:CGHC:24741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4297 of 2021 1 - Prabhu Nath Panigrahi S/o Raghupati Panigrahi Aged About 39 Years R/o Village And Post- Sudhaal, Block- Bastar, District- Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 2 - Ramnath Kaushik S/o Late Itwari Ram Kaushik Aged About 50 Years R/o Ward No. 8, Lal Bahadur Shastri Nagar, Jagdalpur, District- Bastar,chhattisgarh. (Full Time Sweeper), District : Bastar(Jagdalpur), Chhattisgarh 3 - Hemnath Kashyap S/o Mahantu Kashyap Aged About 32 Years R/o Village- Gadamguda, Post- Chingpal, Block- Darbha, District- Bastar, Chhattisgarh. (Full Time Sweeper), District : Bastar(Jagdalpur), Chhattisgarh 4 - Somaru Baghel S/o Budharu Baghel Aged About 30 Years R/o Village And Post- Neganar, Patelpara, Block- Darbha, District- Bastar, Chhattisgarh. (Full Time Sweeper), District : Bastar(Jagdalpur), Chhattisgarh 5 - Subandhu Nath S/o Devnath Aged About 30 Years R/o Village- Dongao, Chandlipara, Post- Niyanar, Block- Jagdalpur, District- Bastar, Chhattisgarh. (Full Time Sweeper), District : Bastar(Jagdalpur), Chhattisgarh 6 - Smt. Dipti Tiwari, W/o Praveen Tiwari, Aged About 41 Years R/o. Care Of Laxmi Acharya, Atal Bihari Vajpayee Ward, Dharampura-1, Jagdalpur, District Bastar Chhattisgarh...........(Full Time Sweeper), District : Bastar(Jagdalpur), Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary,tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3 - Director, Tribal Welfare Department, Indrawati Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 4 - Assistant Commissioner, Tribal Welfare Department, Jagdalpur, District -2- Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 5 - Collector (Tribal Welfare Branch), Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 6 - Hariram Nag, S/o Sadhu Ram, R/o. Village And Post Darbha, Tehsil Darbha, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 7 - Nivendra Tiwari, S/o Khageshwar Tiwari, R/o. Village Ghatlohnga, Post Kachnar, Tehsil And District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 8 - Astu Ram, S/o Patiram, R/o. Village And Post Chhindawada, Tehsil Darbha, District Bastar Chhattisgar., District : Bastar(Jagdalpur), Chhattisgarh 9 - Ramdhar, S/o Sonadhar, R/o. Village And Post Parapur, Block And Tehsil Lohandiguda, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 10 - Laxman Yadav, S/o Budharu Ram, R/o. Village Tongkongera (Jaduguda), Post Mangnar, Block Bakawand, Tehsil Bakawand, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 11 - Sewaklal Thakur, S/o Ram Singh Thakur, R/o. Village And Post Sonabal, District Kondagaon Chhattisgarh, District : Kondagaon, Chhattisgarh 12 - Gopal Markam, S/o Baliram Markam, R/o Village Bamhani, Post Amaguda, Tehsil Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 13 - Anto Patel, S/o Ramnath Patel, R/o Village Chotnar, Block Bakawand, Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 14 - Sukhnath, S/o Pedaram, R/o. Village Turangur, Ramdhar Para, Post Badekilepar, Tehsil Bastanar District Bastar (Chhattisgarh), District : Bastar(Jagdalpur), Chhattisgarh 15 - Charlesh Xaxa, S/o. Joseph Xaxa, R/o. Prayas Awasiya Vidyalaya, Dhurguda, Tehsil Jagdalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 16 - Sukhlal Sethiya, S/o Pursati Ram, R/o Village And Post Koleng, Kadampara, Tehsil Jagdalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 17 - Loknath Sethiya, S/o Shyamnath Sethiya, R/o Village And Post Nalpawand, Namapara, Tehsil Bakawand, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 18 - Dharmendra, S/o Gagru Ram, R/o Village Pallibhatha, Post Kesarpal, Block Bastar, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 19 - Sukhmati, W/o Mangal Ram, R/o Village And Post Tokapal, Block And Tehsil Tokapal, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), 3 Chhattisgarh 20 - Rambati, W/o. Dogi, R/o. Village Parpa, Post Tokapal, Tehsil And Block Tokapal, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ..Respondents For Petitioners : Mr. Arpan Verma, Advocate along with Mr. Mayank Gupta, Advocate For State/Respondents : Mr. Vinay Pandey, Dy. A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.06.2026 Heard. 1. The petitioners have filed this petition seeking following relief (s) : “1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the state government may kindly be directed to constitute a fresh enquiry committee to enquire into the allegations made in the complaint and to take a final decision in the matter after affording an opportunity to all the affected parties. 2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quash the entire enquiry report of the Committee dated 07.07.2021 and the collector may kindly be directed to constitute a fresh committee and the Collector may further be directed to examine the irregularities committed by the selection committee while appointing the private respondents and the case of each of the candidate may kindly be directed to be scrutinized. 3] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the recommendation of the committee constituted by the Collector so far as it relates to the appointment of the petitioners/full time sweeper (Collectorate Rate) and the further direction to pay the wages on daily basis may also kindly be quashed. 4] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the respondent authorities may kindly be directed to reconsider the case of the petitioners for appointment on the basis of the fresh decision likely to be taken in light of the enquiry report and the petitioners may kindly be granted all the consequential benefits including the up-gradation of post. 5] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the State Government the respondent No.1 may kindly be directed to take appropriate action against the officers involved in the selection process and the State Government may further be directed to hold the departmental enquiry against the said officers. 6] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and -4- proper in the aforesaid facts and circumstances of the case.” 2. The facts in brief are that an advertisement was issued for appointment on various posts including Class IV (peon) on regular basis (199 posts); Class-IV from contingency (464 posts) and full time Collector rate (sweeper) (186 posts). The petitioners applied for Class-IV (peon) on regular basis. A merit list was prepared and the candidates, who were below the petitioners in the merit list were appointed. The petitioners were appointed against 186 posts available on Collector rate, whereas, they were eligible for appointment against the regular vacant posts. The petitioners have sought a direction for constitution of Inquiry Committee to inquire into the allegations. 3. Learned counsel appearing for the petitioners would submit that the Committee was constituted but till date, no report has been submitted. He would further submit that a direction may be issued to the respondent authorities to constitute a fresh Committee and to submit report expeditiously within stipulated time. 4. On the other hand, Mr. Pandey, learned Deputy Advocate General appearing for respondents would oppose. Mr. Pandey would submit that the Committee was constituted and inquiry report has been submitted before the Collector, District Bastar, Jagdalpur on 07.07.2021. He would submit that the said report has already been forwarded to respondent No.1 on 08.07.2021. Mr. Pandey would refer to para 7 of the return, wherein, it is stated that a direction may be issued to the State Government, Department of Scheduled Caste and Scheduled Tribe Development Department to take an appropriate decision upon the inquiry report. 5. Heard. 5 6. Taking into consideration the above-discussed facts, this petition is disposed of with a direction to the Secretary, Department of Scheduled Caste and Scheduled Tribe Development Department, State of Chhattisgarh to take an appropriate decision upon the inquiry report dated 08.07.2021 submitted by the Inquiry Committee at the earliest preferably within a period of 90 days. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha