Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 24652 (CHH)

MAJJI CHAITU v. THE UNION OF INDIA

WPS/4966/2026 · 2026-07-01

Shri Bibhu Datta Guru

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:27120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4966 of 2026 Majji Chaitu S/o Majji Irpa Aged About 50 Years Suspended Constable 241, P.S. Bendra P.S. District Bijapur Chhattisgarh. ... Petitioner(s) versus 1. The Union Of India Through The Director General Central Industrial Security Force Fhqr Cgo Complex Lodhi Road New Delhi. 2. The Chief Commandant C.F . 9th Batliyan Company Dantewada District Dantewada Chhattisgarh. 3. The Chief Commandant C.F 9th Batlliyan Company Dantewada District Dantewada Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Shyamta Prasad Sannat, Advocate For Respondents : Mr. R.K. Mishra, DSGI Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 02/07/2026 1. Learned counsel for the petitioner submits that the petitioner was working on the post of Constable. He submits that in connection with a criminal case registered against him, the petitioner was placed under suspension in the year 2007. Thereafter, he was convicted for the offence punishable under Section 409 of the IPC and sentenced to undergo rigorous imprisonment for five years along with a fine of Rs.1,000/-. He further submits that the petitioner preferred Criminal Appeal No. 127 of 2007 challenging the JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.03 10:48:56 +0530 2 judgment of conviction; however, the said appeal was dismissed. It is submitted that the petitioner has already undergone the sentence of imprisonment and has submitted a representation seeking permission to rejoin service. Therefore, a direction is sought to the respondents to consider his request for reinstatement. 2. Learned counsel for the respondents submits that the petitioner stands convicted for the offence under Section 409 of the IPC and the judgment of conviction has attained finality upon dismissal of the criminal appeal. Therefore, the petitioner has no legal right to claim reinstatement or re- employment in service. 3. I have heard learned counsel for the parties and perused the material available on record. 4. Admittedly, the petitioner has been convicted for the offence punishable under Section 409 of the IPC and the judgment of conviction has been affirmed in Criminal Appeal No. 127 of 2007. Once the conviction has attained finality, the petitioner cannot claim reinstatement or re-employment as a matter of right merely on the ground that he has undergone the sentence of imprisonment. In the absence of any legal right surviving in favour of the petitioner, no direction as prayed for can be issued. 5. Accordingly, finding no merit in the present writ petition, the same is dismissed. Sd/- (Bibhu Datta Guru) JUDGE Jyoti