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2026 DAILYLAW 26423 (CHH)

KARUNASAGAR PATEL v. STATE OF CHHATTISGARH

WPS/5054/2026 · 2026-07-12

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010244562026 2026:CGHC:29229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5054 of 2026 Karunasagar Patel S/o Late Shri Parmanand Patel, Aged About 33 Years Currently Posted As Chief Executive Officer Janpad Panchayat Kuakonda Distt Dantewada C.G. (Attached To Zila Panchayat And Awaiting Independent Charge At Kuakonda) ... Petitioner versus 1 - State Of Chhattisgarh Through Principal Secretary, Department Of Scheduled Tribes And Scheduled Castes Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Collector, Dantewada, District South Bastar Dantewada, (C.G.) 3 - The Chief Executive Officer, Zila Panchayat Dantewada, District South Bastar Dantewada (C.G.) 4 - Tarun Kuma Deshmukh Deputy Director Panchayat, District South Bastar Dantewada (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Ms. Astha Shukla, Advocate For Respondents/ State : Mr. Vivek Verma, Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.14 10:48:43 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 13/07/2026 1. By the present writ petition, the petitioner seeks quashment of the order dated 25.02.2026 (Annexure P/12) whereby the charge of Chief Executive Officer, Janpad Panchayat Kuakonda was handed over to respondent No.4 in place of the petitioner and further seeks a direction towards the respondent authorities to hand over the said charge to the petitioner in compliance with the order dated 18.06.2025. 2. Learned counsel for the petitioner submits that the petitioner was initially appointed as Circle Organizer in the Department of Scheduled Castes and Scheduled Tribes Development and was thereafter entrusted with the charge of Chief Executive Officer, Janpad Panchayat, Orchha, District Narayanpur. Subsequently, upon his promotion as Area Organizer, he was given the charge of Chief Executive Officer, Janpad Panchayat, Nagri, District Dhamtari and was thereafter transferred vide order dated 18.06.2025 to the post of In-charge Chief Executive Officer, Janpad Panchayat, Kuakonda, District Dantewada. He submits that due to ill health, the petitioner joined at Dantewada on 11.08.2025 and, on the very next day, sought leave with a request to hand over the charge temporarily to another officer. Accordingly, the charge was handed over to one Munna Ram Kashyap and the 3 petitioner was attached to the Office of the Assistant Commissioner, Tribal Development, Dantewada. It is further submitted that after the repatriation of the said Munna Ram Kashyap, instead of restoring the charge to the petitioner, respondent No.4 was entrusted with the charge vide impugned order dated 25.02.2026 (Annexure P/12), although the petitioner continued to remain posted at Kuakonda under the transfer order dated 18.06.2025 and was made to work as an attached officer in the Office of the Chief Executive Officer, Zila Panchayat, Dantewada. Learned counsel submits that despite several representations, the respondents failed to restore the charge to the petitioner. He further submits that the impugned action is arbitrary, with mala fide intention and contrary to the Circular dated 30.10.2015 issued by the General Administration Department, Government of Chhattisgarh as well as the circular issued by the Scheduled Castes and Scheduled Tribes Development Department. Hence, the impugned action is illegal and unsustainable in law. 3. Learned counsel appearing for the respondents/State by opposing the aforesaid submissions of the petitioner, submits that the petitioner himself, by application dated 12.08.2025, requested the Collector, Dantewada to post another officer as In-charge Chief Executive Officer, Janpad Panchayat, Kuakonda on the ground that he was suffering from serious ailments and required regular treatment. It is, therefore, submitted that the respondents have 4 merely acted upon the petitioner's own request and no mala fides can be attributed to the authorities. 4. I have heard learned counsel for the parties and perused the pleadings as well as the documents appended to the writ petition. 5. It is not in dispute that after joining at Janpad Panchayat, Kuakonda on 11.08.2025, the petitioner himself, on the very next day, submitted an application requesting that another officer be entrusted with the charge of the said post on account of his ill health and the medical treatment required by him. In the said application, the petitioner also expressed his inability to discharge the duties of In-charge Chief Executive Officer, Janpad Panchayat, Kuakonda. 6. Acting upon the petitioner's own request, the Collector, Dantewada, by taking a sympathetic view, entrusted the charge of the said post to another officer and attached the petitioner to the Office of the Assistant Commissioner, Tribal Development, Dantewada. Once the petitioner himself had sought to be relieved from the charge on medical grounds, he cannot subsequently challenge the consequential arrangement made by the competent authority and seek restoration of the same charge as a matter of right. 7. In view of the aforesaid facts and circumstances of the case, this Court is of the considered opinion that the impugned order dated 5 25.02.2026 (Annexure P/12) does not suffer from any illegality, arbitrariness or mala fides warranting interference of this Court. 8. Accordingly, the writ petition, being devoid of merit, is hereby dismissed. Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar