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2026 DAILYLAW 27807 (CHH)

RAM KUMAR SHUKLA v. THE STATE OF CHHATTISGARH

WPS/5510/2026 · 2026-07-20

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010272452026 2026:CGHC:30879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5510 of 2026 Ram Kumar Shukla S/o Shri Samay Lal Shukla, Aged About 56 Years R/o P O - Ghiwara (Birra), District - Sakti (C.G.) ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - The Director, Directorate Of Public Instruction, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - The Joint Director, School Education Department, Division Bilaspur, District Bilaspur, Chhattisgarh. 4 - District Education Officer, District - Sakti. (C.G.) 5 - Block Education Officer, Jaijaipur, Development Block, Jaijaipur, District Sakti Chhattisgarh. 6 - The Head Master, Government Primary School, Ghivra, Block Jaikaipur, District Sakti, Chhattisgarh. ... Respondents SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.21 18:12:09 +0530 2 (Cause title is taken from Case Information System) For Petitioner : Mr. S. C. Verma, Senior Advocate alongwith Ms. Pooja Sahu, Advocate For Respondents/State : Mr. Suyashdhar Badgaiya, Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/07/2026 1. By the present writ petition, the petitioner seeks quashment of the impugned order of removal/termination dated 28.11.2025 (Annexure P/1). The petitioner has also challenged the departmental enquiry and the charge-sheet issued against him. 2. At the outset, learned counsel appearing for the respondents/ State submits that the petitioner has challenged an order of termination, which is appealable under the provisions of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966. He submits that the petitioner has an efficacious alternative statutory remedy of appeal before the competent appellate authority. Therefore, the present writ petition is not maintainable and deserves to be dismissed. 3. At this juncture, learned Senior Counsel appearing for the petitioner submits that though the impugned order is appealable, the present case falls within the exceptions to the rule of alternative remedy, as the impugned order of termination has been passed by the District Education Officer, Sakti, District Sakti, without concluding the departmental enquiry initiated against the petitioner. It is, therefore, contended that the present writ petition is maintainable. 3 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having considered the rival submissions made by learned counsel for the parties and upon perusal of the material available on record, this Court is of the opinion that the grievance raised by the petitioner pertains to a service matter, for which a specific statutory remedy of appeal is available before the competent appellate authority under the provisions of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966. 6. It is well settled that where an efficacious alternative statutory remedy is available, this Court would ordinarily refrain from exercising its extraordinary jurisdiction under Article 226 of the Constitution of India, unless exceptional circumstances are made out. In the present case, this Court does not find any such exceptional circumstance warranting interference in exercise of its writ jurisdiction. 7. Accordingly, the writ petition is dismissed at the motion stage itself as not maintainable. However, liberty is reserved in favour of the petitioner to avail the statutory remedy of appeal before the competent appellate authority, in accordance with law, if so advised. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar