1 CGHC010011422025 2026:CGHC:27912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 93 of 2025 Shishir Kumar Sharma S/o Late Dr. J.D. Sharma Aged About 58 Years R/o Nirupam Jagannath, Near Saraswati Sishu Mandir, Kanchan Ganga, Phase-Ii, Raipur, Tahsil And District Raipur, Chhattisgarh. ... Petitioner versus 1 - Mr. Vinay Prakash Tirkey Working As Additional Development Commissiner, Office Of Development Commissioner, Panchayat And Rural Development, Fourth Floor, Vikas Bhavan, Sector 19, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Mrs. Niharika Barik Singh Working As Development Commissioner, Office Of Development Commissioner, Panchayat And Rural Development, Fourth Floor, Vikas Bhavan, Sector 19, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Mrsl Niharika Barik Singh Working As Additional Chief Secretary, Panchayat And Rural Development, Mantralaya, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh. 4 - Mr. Pushpendera Kumar Meena Working As The Secretary, Chhattisgarh Public Service Commission, Raipur, District- Raipur ( C.G.). 5 - Mr. Basavaraju S. Working As The Secretary, The State Of Chhattisgarh General Administration Department, Mantralaya, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh. ... Respondent ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.07.09 19:01:53 +0530 2 For Petitioner : Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Harsh Dave and Mr. Khulesh Sahu, Advocate. For Respondents No. 1 to 3 : Mr. Jitendra Pali, Advocate. For Respondent No. 4 : Mr. Sudeep Agrawal, Advocate. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 07.07.2026 1. In WPS No.1436 of 2024, Writ Court passed following orders :- “4. Since the enquiry has been closed and no punishment order has been imposed upon the petitioner, it is directed that the respondent shall consider the case of the petitioner for promotion from the date when his Juniors have been promoted in accordance with rules and they will take decision with regard to the consequential benefits also as per law, rules and circular applicable in this regard within 03 months from the date of receipt of copy of the order.” 2. Learned counsel appearing for the respondents would submit that pursuant to order dated 01.05.2024 passed in WPS No. 1436 of 2024, meeting of Departmental Promotion Committee (DPC) was convened on 23.01.2025 and name of the petitioner for promotion to the post of Chief Executive Officer, Janpad Panchyat was considered strictly in accordance with the applicable rules and circular issued by the State Government from time to time but he was not found suitable for promotion. They would submit that the order passed in the writ petition has been complied with in its letter and sprit and present contempt petition deserves to be dismissed. 3 3. Mr. Kishore Bhaduri, learned Senior counsel appearing for the petitioner would submit that name of the petitioner was within the zone of consideration for promotion in the year 2008. He would contend that authorities should have considered ACR’s of the petitioner for the preceding five years immediately before 2008 but, they considered old ACR’s of 1990’s and such approach is illegal and arbitrary. He would further submit that this Court in WPS No. 1436 of 2024 has directed the respondents to consider the name of the petitioner but they failed to open sealed cover envelop and repeated the decision which was taken way back in the year 2008, and thus, the order passed in WPS No. 1436 of 2024 has not been complied with in its letter and sprit. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Having considered submissions advanced by respective Advocates and perusal of the documents, it is an admitted factual position that simple direction was issued to the respondent authorities to consider the case of the petitioner for promotion from the date when his juniors were promoted in accordance with rules and applicable circular. It appears that though, the name of the petitioner was in sealed cover envelop but after discharge from the departmental enquiry, ACR’s were scrutinized and his name was considered, but the Departmental Promotion Committee (DPC) did not find the petitioner suitable for the promotion to the post of Chief Executive Officer Janpad Panchayat vide its meeting dated 23.01.2025. 4 Whether right or wrong, decision has already been taken by the respondent authorities therefore in my opinion, the order passed in WPS No. 1436 of 2024 has been complied with. 6. Accordingly this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE Arpan