1 CGHC010267822022 2026:CGHC:28025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5618 of 2022  Omprakash Dewangan S/o Shri Shiv Kumar Dewangan, Aged About 34 Years Presently Posted At - Training Officer (Wcs And Ed) Govt. Iti Dondilohara, District - Balod Chhattisgarh. R/o Village And Post- Kapasda Tehsil - Dhamdha District - Durg Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through - The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh. 2. Director, Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh. 3. Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Faisal Akhtar, Advocate For State : Ms. Saumya Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.07 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 The Hon'ble Court may kindly be pleased to direct the respondents to conduct promotion counseling to the post of Training Superintendent by drawing year wise panel of eligible candidates for the year 2019 and 2020 and to consider the petitioners for promotion to the post of Training Superintendent on the basis of rules, SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.07.08 16:26:12 +0530 2 10.2 The Hon'ble Court may kindly be pleased to direct the respondent to prepare a selection list for each year starting with the earliest year & onwards, 10.3 The Hon'ble Court may kindly be pleased to direct the respondent to prepare a consolidated "Selection list & Seniority list" by placing the list of selected employee in chronological order from year 2019, 10.4 The Hon'ble Court may kindly be pleased to issue order, direction, or writ in the nature of Mandamus directing the respondents to give all the benefit and promotion to the petitioner, 10.5 The Hon'ble Court may kindly be pleased to grant any other relief, orders, writ or direction that may be deemed appropriate under the facts and circumstances of the case be also be passed, And for this act of kindness the petitioner as is duty bound shall ever pray” 2. Learned counsel for the petitioner would submit that earlier WP(S) No. 239 of 2021 was filed seeking a direction to the respondent authorities to convene a DPC and the petition was disposed of vide order dated 19.01.2021 with a direction to the respondent authorities to take a decision on the representation of the petitioner for filling up the promotional post of Training Superintendent within a period of 90 days. It is contended that the petitioner made a representation before the respondent authorities and immediately thereafter, show-cause notice contemplating departmental enquiry were issued. He would submit that show-cause notice was challenged by the petitioner by filing writ petition and finally quashed in WP(S) No. 6278 of 2021 and other connected matters. Writ appeal preferred by the State was also dismissed. He would contend that till date, no decision has been taken by the respondent authorities for convening 3 DPC for promotion to the post of Training Superintendent, therefore, a direction may be issued to the respondent authorities to convene the DPC at the earliest. 3. On the other hand, learned counsel appearing for the State would submit that earlier show-cause notice was issued to the petitioner and said notice was quashed but at the same time, liberty was reserved with the State to proceed afresh in accordance with law. She would contend that again show- cause notice has been issued to the petitioner and matter is currently sub judice before the High Court. She would contend that as the departmental enquiry is contemplated against the petitioner, his name cannot be considered for promotion at this stage. She would submit that instant petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents present on record. 5. According to service rules, the petitioner is eligible for promotion to the post of Training Superintendent. The name of the petitioner could not be considered for promotion by DPC on account of pendency of departmental enquiry. If departmental enquiry is pending against the petitioner, the respondent authorities are directed to proceed with the DPC and place the name of the petitioner in a sealed envelop. The entire exercise shall be completed by the respondent authorities within a period of 120 days from today. The decision shall be taken by the respondent authorities with regard to promotion of the petitioner after conclusion of the writ petition pending against the subsequent show-cause notice and charge-sheet issued by the department. 4 6. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant