1 2026:CGHC:887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 14209 of 2025 1. Bibhas Das (In Person) S/o Respected Late Sukumar Das Aged About 57 Years C/o Maa, Reverend Smt. Kamala Das Itina Colony, Block- C, P.O. Banipur Dist North 24 Parganas, West Bengal Pin 743233 Postal Address For Correspondence Post Box No. 16, Head Post Office, 495001 Bilaspur, Chhattisgarh (Hereinafter Referred To As The Petitioner) ... Petitioner versus 1. Mr. D.S. Tomar Deputy C E E (Con) S E C R, Raipur C.G. And Former Sr D E E/t R D, S E C R Bilaspur Permanent R/o Agyay Nagar, Bilaspur P.O. Bilaspur P S Civil Line Police Station Dist Bilaspur C.G. 495001 2. The Chief Executive Officer And Chairman, Railway Board, Rail Bhawan, New Delhi. 3. The General Manager, South East Central Railway Bilaspur, G M Building, 5th Floor, Bilaspur Chhattisgarh- 495004 4. Mr. Vijay Kumar Sahu Additional General Manager South East Central Railway Bilaspur Chhattisgarh- 495004 5. Mr. R. K. Tiwari Principal Chief Electrical Engineer, S E C R Bilaspur, G M Building, 1st Floor, Bilaspur (CG)- 495004 6. Y. K. Debangan Bunglow No V-30 Bunglow In Officers Colony P.O. - P.S. Tarbahar Bilaspur C.G. 495004 7. Mr Pradeep Kumar Mishra Residential Address- Bungalow No. Vb 7/1 Officers Colony, S E C R, Bilaspur, P.O. Bilaspur, SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.01.08 19:26:55 +0530 2 P S Tarbahar Police Station District Bilaspur, Pin 495004 And Official Address The G M Secretariat, G M Building, 5th Floor, S E C R P.O. Bilaspur, P S Torwa, Police Station, District Bilaspur Chhattisgarh- 495004 8. Mr Anshuman Mishra Residential Address- Bungalow No. 1111/2 Officers Colony, In Front Of G M Bungalow S E C R, Bilaspur, P.O. Bilaspur, P S Tarbahar Police Station District Bilaspur, Pin 495004 And Controlling Officers Address The General Manager, S E C R, G M Building, 1st Floor, Bilaspur, P S Torwa, Police Station, District Bilaspur (CG)- 495004 9. The Principal Chief Personnel Officer South East Central Railway, Bilaspur, G M Building, 1st Floor, Bilaspur Chhattisgarh- 495004 10. The State Of Chhattisgarh Through Chief Secretary Chief Secretary, Mantralya, Naya Raipur Chhattisgarh. 11.The Director General Of Police (D G P) Chhattisgarh Police Headquarter, Raipur- 492001 12. The Superintendent Of Police, Bilaspur, District Bilaspur Chhattisgarh Pin 495001 13. The Union Of India Through The Secretary, Ministry Of Home Affairs, Government of India, North Block, New Delhi - 110001 ... Respondents For Petitioner : Petitioner in person. For Respondent- SECR : Ms. Sakshi Bali, Advocate on behalf of Mr. R.K. Mishra, Dy. Solicitor General of India. For Respondent -State : Ms. Anuja Sharma, Dy. Govt. Advocate SB: Hon’ble Mr. Justice Part Prateem Sahu Order on Board 07/01/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “I. Issue a writ of Certiorari, or any other appropriate writ, order, or direction, to quash and set aside the 3 impugned Dismissal Order dated 16.05.2025 which was served at 18.55 hours on dated 19.5.2025 issued by the Revisionary Authority on the Review Petition against the punishment order of dated 01.07.2025 issued by the disciplinary authority of South East Central Railway, Bilaspur, as being illegal, void ab initio, and in violation of Article 311(2) of the Constitution of India and the provisions of the Railway Servants (Discipline and Appeal) Rules, 1968; II. Issue a writ of Mandamus, or any other appropriate writ, order, or direction, commanding the Respondents to reinstate the Petitioner in service with full back wages, seniority, continuity of service, and consequential benefits, as if the impugned order of dismissal was never passed; III. Declare that the actions of the Respondents, including the issuance of fabricated disciplinary proceedings, caste-based discrimination, denial of due process, and obstruction of justice, are arbitrary, malafide, unconstitutional, and in direct violation of the fundamental rights guaranteed under Articles 14, 15(1), 16(4), 19(1)(g), and 21 of the Constitution of India; IV. Direct the Central Bureau of Investigation (CBI) or any independent Special Investigation Team (SIT), under the supervision of a retired High Court Judge, to conduct a time-bound investigation into the serious allegations raised by the Petitioner, including corruption, sexual harassment, national security threats, custodial caste atrocities, and miscarriage of justice; 4 V. Direct the Respondents to forthwith return the original educational and personal certificates of the Petitioner illegally withheld, and further restrain them from committing any acts of coercion, threat, intimidation, or retaliation against the Petitioner and his family; VI. Direct the Respondents to provide security and protection to the Petitioner and his immediate family under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. VII. Direct the Union of India to constitute an independent Commission of Inquiry under the Commissions of Inquiry Act, 1952, into the broader allegations of systemic failure, caste atrocities, and constitutional misconduct within the SECR administration; VIII. Declare the Petitioner's case fit for award of exemplary compensation, including monetary damages for violation of fundamental rights, loss of livelihood, irreparable injury, humiliation, trauma, and torture, under the public law remedy evolved by the Hon'ble Supreme Court in Nilabati Behera v. State of Orissa, (1993) 2 SCC 746; IX. Allow the Petitioner to submit voluminous evidence (exceeding 10,000 pages and audiovisual records) through electronic means, such as certified email or digital drive, in lieu of hard copy submissions, considering his economic destitution, and in light of the Doctrine of Access to Justice under Article 21; X. Pass such other or further orders, directions, or writs as may be deemed just, fit, and proper in the 5 interest of equity, justice, and constitutional morality.” 2. Registry has raised objection with regard to maintainability of writ petition on the ground that petitioner, who was an employee of South East Central Railway, is having efficacious alternate remedy of approaching the Central Administrative Tribunal by filing appropriate proceeding against the order of dismissal from service. 3. Petitioner, who appears in person, submits that in view of objection raised by the Registry, he may be granted liberty to avail alternate remedy of approaching the Central Administrative Tribunal (CAT) by filing appropriate proceeding against the order impugned. He, however, submits that some interim protection / relief may be granted for limited period by staying the effect and operation of the impugned order of dismissal from service. 4. Heard the petitioner in person. 5. In view of nature of reliefs claimed by petitioner and the forum provided under the law to the employees of South East Central Railways to challenge the order of dismissal from service and submission of petitioner in person, this writ petition is disposed of granting petitioner liberty to approach the Central Administrative Tribunal (CAT) for redressal of his grievance as raised in this writ petition. 6 6. As this Court is not entertaining writ petition on the ground of availability of alternate remedy under the law to petitioner, the prayer made by petitioner for grant of some interim protection can also not be considered and granted and therefore, said prayer is also rejected. 7. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-