1 2026:CGHC:6357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4501 of 2023 1 - Ashim Kumar Mukherjee S/o Late R.N. Mukharjee Aged About 59 Years Resident Of C-11, Kranti Nagar, Bilapsur, District Bilaspur (C.G.) 2 - Dr. Mrs. Arti Singh D/o Late Shri D.N. Singh Aged About 49 Years Resident Of Dev Bhawan, Loyala School Road, Quarter No. 15, Rajeev Vihar, Lingiadih, Bilaspur, District - Bilaspur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Women Child Development And Social Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Directorate Of Women And Child Development, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - Collector Bilaspur, District Bilaspur (C.G.) 4 - District Programme Officer/ District Women And Child Development Officer Women And Child Development Department, Bilaspur, District Bilaspur (C.G.) --- Respondent(s) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 WPS No. 4607 of 2023 1 - Smt. Rita Rajgir W/o Pradeep Rajgir Aged About 57 Years Krishna Nagar, Juna Bilaspur, Tahsil And District Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Women, Child Development And Social Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Directorate Of Women And Child Development, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - Collector Bilaspur, District Bilaspur (C.G.) 4 - District Programme Officer/ District Women And Child Development Officer Women And Child Development Department, Bilaspur, District Bilaspur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ---------------------------------------------------------------------------------------------- For Petitioner(s) :- Ms. Priyanka Rai, Advocate For State :- Mr. Y.S. Thakur, Addl. A.G. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 04.02.2026 1. The contents and factual matrix involved in both the writ petitions would revel that the bone of contention in them is one and same, as such, both the writ petitions are clubbed together, heard together and are being decided by this common order. 3 2. In these petitions, the petitioners are aggrieved by the illegal and arbitrary order dated 04.07.2023 (Annexure P-1) issued by the Department of Women and Child Development, whereby their appointments as President and Member, respectively, of the Child Welfare Committee, District Bilaspur, have been abruptly terminated in a manner wholly contrary to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. The petitioners have prayed for following reliefs:- “10.1. The Hon'ble Court may call for records from the respondents. 10.2. The Hon'ble Court may direct the Respondents to grant leave encashment and leave surrender to the Petitioner in light of the judgment of the Hon'ble Court in WP(S) 3870 of 2021. 10.3. The Hon'ble Court may direct the Respondent No. 4 to dispose off in time bound manner the Representation dated 14.11.2024 of the Petitioner in light of the directions issued by this Hon'ble Court in WP(S) 3870 of 2021. 10.4. The Hon'ble Court may grant cost of petition to the Petitioner. 10.5. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.” 4. WPS No. 4501/2023- Facts of the case are that the petitioner No.1 is an active social worker having more than 20 years of experience in working with various non-government organisations 4 for social justice and the welfare and upliftment of women and children. Petitioner No.2 is also a social worker engaged for several years in the cause of women, children and the downtrodden sections of society. Both the petitioners possess the requisite experience, expertise and qualifications. The Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted with the object of consolidating the law relating to children in conflict with law and children in need of care and protection. The Act ensures proper care, protection, development, treatment, rehabilitation and social reintegration of such children by adopting a child-friendly approach. The Juvenile Justice (Care and Protection of Children) Rules, 2016 were framed to achieve the objectives of the Act. Section 27 of the Act provides for constitution of a Child Welfare Committee in every district. Pursuant thereto, the Directorate of Women and Child Development, State of Chhattisgarh, issued a notification dated 03.03.2020 inviting applications for selection to the posts of President and Members of the Child Welfare Committees. In response to the said notification, the petitioners submitted their applications. Vide order dated 02.11.2020, petitioner No.1 was appointed as President and petitioner No.2 was appointed as Member of the Child Welfare Committee, District Bilaspur, for a period of three years, i.e., up to 02.11.2025. After appointment, the petitioners assumed charge and effectively discharged their statutory duties in accordance with the Act and Rules. The Child 5 Welfare Committee, District Bilaspur, dealt with several cases of children in need of care and protection and provided immediate relief and assistance as mandated under the Act. Subsequently, certain persons, aggrieved with the functioning of the Committee, made a complaint before the Director, Women and Child Development Department. The said complaint was forwarded to the Collector, Bilaspur, who entrusted the enquiry to the Additional Collector, Bilaspur. The petitioners and other members were called vide memo dated 07.03.2023 and their statements were recorded on 10.03.2023. However, no documents were supplied to the petitioners despite repeated requests. Consequently, the petitioners moved an application under the Right to Information Act on 20.03.2023 seeking relevant documents, including the enquiry report. No reply was furnished to the said application. The enquiry report submitted by the single-member committee was forwarded to the State Government. Acting solely on the said report, the State Government passed the impugned order dated 04.07.2023, abruptly terminating the appointments of the President and Members of the Child Welfare Committee, District Bilaspur, prior to completion of their fixed tenure. Hence, this writ petition. 5. WPS No.4607 of 2023 -Facts of the case are that the petitioner is an Advocate and a registered member of the Chhattisgarh High Court Bar Association since 2009 and has also been working with various non-government organisations for the last 15 years 6 towards ensuring social justice and the welfare and upliftment of women and children, and she possesses the requisite experience, expertise and qualifications. The Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted by Parliament with the object of consolidating the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social reintegration and rehabilitation by adopting a child-friendly approach, and the Juvenile Justice (Care and Protection of Children) Rules, 2016 were framed to achieve the said objectives, whereunder Section 27 of the Act provides for constitution of a Child Welfare Committee in every district. Pursuant thereto, the Directorate of Women and Child Development, State of Chhattisgarh, invited applications from eligible persons vide notification dated 03.03.2020, in response to which the petitioner, owing to her expertise and interest in the field, applied for the post of Member and was appointed as Member of the Child Welfare Committee, District Bilaspur vide order dated 02.11.2020 for a period of three years, whereafter she assumed charge and effectively discharged her statutory duties and obligations under the Act and Rules, and the Committee dealt with several cases of children in need of care and protection and provided them immediate succour and assistance as mandated under the Act. It is submitted that certain persons, aggrieved by the functioning of 7 the Committee, made a complaint before the Director, Women and Child Development Department, which was forwarded to the Collector, Bilaspur, and an enquiry was conducted by the Additional Collector, Bilaspur pursuant to memo dated 07.03.2023, in response to which the petitioner appeared and her statement was recorded without furnishing any relevant documents despite repeated requests, compelling the petitioner to seek the enquiry report and related documents by filing an application under the Right to Information Act on 20.03.2023; however, without supplying any reply or affording any further opportunity of hearing, the State Government, acting solely on the report of the single-member enquiry committee, passed the impugned order dated 04.07.2023 (Annexure P-1) abruptly terminating the petitioner’s tenure prior to completion of the fixed term, giving rise to the present petition. 6. Since the relief sought by the petitioners in both the petitions is one and the same, the relief claimed in WPS No. 4501/2023 is reproduced herein:- “10.1 That, the Hon'ble Court may be pleased to set-aside the impugned order dated 04-07- 2023 (Annexure P-1) so far its relates to the petitioners. 10.2 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 7. Learned counsel for the petitioners submits that the impugned 8 order dated 04.07.2023 (Annexure P-1) terminating the appointments of the petitioners is wholly illegal, arbitrary and unsustainable in the eyes of law. It is contended that the fixed tenure of the petitioners has been brought to an abrupt end solely on the basis of an enquiry report, without furnishing a copy thereof, without issuing any show cause notice and without affording any opportunity of hearing, thereby resulting in gross violation of the principles of natural justice. Learned counsel further submits that the respondents have wrongly invoked Section 27 of the Juvenile Justice (Care and Protection of Children) Act, 2015, as the said provision merely empowers the State Government to constitute the Child Welfare Committee and permits termination of a member only on the specific grounds enumerated under Section 27(7), namely misuse of power, conviction for an offence involving moral turpitude, or continuous non-attendance of meetings. It is argued that none of the statutory conditions prescribed under Section 27(7) are either recorded or satisfied in the present case and the impugned order does not disclose any reason whatsoever, rendering the action of the respondents a colourable exercise of power. Learned counsel further submits that by a common order the services of four persons, including the President and Members of the Committee, have been terminated mechanically without individual consideration, without serving the enquiry report and without issuing any notice, which by itself vitiates the impugned action. It 9 is also contended that the impugned order is bad in law as it has been issued by the Under Secretary, Department of Women and Child Development, without being expressed in the name of the Governor of Chhattisgarh, whereas the original appointment order dated 02.11.2020 and the earlier suspension order dated 04.03.2021 were issued under the authority and name of the Governor, thus making the impugned order without jurisdiction and authority of law. On these grounds, learned counsel submits that the impugned order deserves to be quashed and set aside. 8. Learned State counsel submits that, as of now, the present petition has become infructuous. The petitioners were appointed on a contractual basis for a specified period, and vide order dated 04.07.2023 their services were terminated on the ground that, as per the enquiry report, a mutual dispute existed due to which the functioning and proceedings of the Board were adversely affected. Consequently, in exercise of powers under Section 27 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the services of the petitioners were terminated with immediate effect. Vide order dated 18.07.2023, the effect and operation of the impugned order dated 04.07.2023 was stayed. As a result, during the intervening period the petitioners continued in service and have now completed their entire contractual tenure in terms of their appointment orders. Accordingly, since the petitioners have already completed the entire period of their contractual appointment, the present petition has become infructuous. 10 9. I have heard learned counsel for parties and perused the documents available in record. 10. From a bare perusal of the record, it appears that the petitioners were appointed as Chairperson and Members of the Juvenile Justice Board for a specified period of three years. The said period of appointment has now admittedly come to an end by efflux of time. Since the tenure under the appointment orders itself stands concluded upon completion of the stipulated period of three years, no further relief survives for consideration. It is also relevant to note that, pursuant to the interim order passed by this Court dated 18.07.2023, the effect and operation of the impugned order dated 04.07.2023 remained stayed, and the petitioners continued during the intervening period. However, in view of completion of their specified period of tenure i.e. 3 years, the controversy raised in the present petition no longer survives. 11. Accordingly, nothing remains for adjudication on merits. The petition is dismissed as having become infructuous. sd/- (Amitendra Kishore Prasad) Judge Vishakha