1 2026:CGHC:27394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5021 of 2026 Smt. Nisha Moon, W/o- Mukesh Moon, Aged About 59 Years Occupation- Govt. Service, Principal Of Govt. School, R/o- Zone-I I, St. -6-C, Adarsh Nagar, Durg, (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 2. The Directorate Of Public Education, Chhattisgarh, Indrawati Bhawan, Block-3, First Floor, New Raipur, Atal Nagar, Raipur (C.G.) 3. The District Collector, Balod, District- Balod, (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Neeraj Choubey, Advocate For Respondents/ State : Mr. S.S. Badgaiya, G.A. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 03/07/2026 1. Learned counsel appearing for the petitioner would submit that the petitioner who is posted as Principal at Government Higher Secondary School, Devri, Balod has been suspended by the Collector, Balod vide impugned order dated 7-5-2026 who is not JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.03 16:50:23 +0530 2 the competent authority. He would further submit that the Principal being Class-II, Gazetted Officer, Collector is not the competent authority, therefore, the suspension is bad-in-law. 2. This issue is no more res integra that the Collector cannot pass the suspension order against Class-II Government servant who is Gazetted Officer. 3. Considering this aspect of the matter, the suspension order dated 7-5-2026 (Annexure P/1) passed by the Collector, Balod is set aside. However, the liberty is granted to the State Government to pass a fresh order by the competent authority. 4. In view of the aforesaid observation and direction, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti