Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 28037 (CHH)

RITIK RAJ SHRIVASTAV v. STATE OF CHHATTISGARH

WPS/5488/2026 · 2026-07-20

Shri Bibhu Datta Guru

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010273062026 2026:CGHC:30912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5488 of 2026 Ritik Raj Shrivastav S/o Shri Raj Kumar Shrivastav Aged About 21 Years Occupation Service Working As Fire Safety And Computer Operator (Daily Wager) Government District- Hospital Ambikapur, (Removed) R/o Near Holly Cross Hospital Road, Kedarpur, Ambikapur, District- Sarguja (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Family Health And Welfare, New Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 2. The Secretary Department Of General Administration New Mantralaya, Mahanadi Bhawan, New Raipur (C.G.) 3. The Joint Director And Superintendent , Rajmata Srimati Devendra Kumari Singh Deo Government Hospital Affiliated To Government Medical College Ambikapur, District- Sarguja (C.G.) 4. The Collector District- Sarguja (C.G.) 5. The Superintendent Of Police District- Sarguja (C.G.) 6. The Chief Medical And Health Officer Government Hospital Ambikapur, District- Sarguja (C.G.) 7. The Civil Surgeon Cum Chief Hospital Superintendent , Government Hospital , Ambikapur, District- Sarguja (C.G.) ... Respondent(s) For Petitioner(s) : Mr. A.N. Bhakta, along with Mr. Vivek Bhakta, Advocate For Respondents/ State : Mr. Anadi Sharma, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.22 10:54:10 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 21/07/2026 1. Learned counsel for the petitioner submits that the petitioner is working as a daily wage employee on Collector rates in Rajmata Shrimati Devendra Kumari Singh Deo Government Medical College, Ambikapur, since September, 2025. It is submitted that the petitioner is duly trained in Fire Safety and Computer Operations and has been discharging his duties satisfactorily. It is further submitted that the respondent authorities initiated the process of verification of character antecedents of all daily wage employees and, accordingly, the petitioner was also subjected to such verification. However, respondent No. 7, vide the impugned communication dated 26.05.2026, declined to issue a favourable character verification certificate solely on the ground that two FIRs had been registered against the petitioner. On the basis of the said communication, the petitioner has been discontinued from service with effect from 26.05.2026, without affording him any opportunity of hearing and without there being any conviction recorded against him in the criminal cases. Learned counsel further submits that mere registration of criminal cases cannot be made a ground to deny the petitioner continuation in service or to brand his character as unsatisfactory, particularly when the criminal cases are still pending adjudication and the petitioner has not been convicted by any competent court of law. He further 3 submits that one of the criminal case under Section 379 at the time of occurrence the petitioner was juvenile and was acquitted with a punishment of censure. The impugned action is, therefore, arbitrary, violative of the principles of natural justice. Accordingly, it is prayed that the impugned communication dated 26.05.2026 be quashed and petitioner be permitted to continue in service in accordance with law. 2. Learned State counsel opposes the submissions and submits that the petitioner is only a daily wage employee engaged on Collector rates and has no vested right to continue in service. It is submitted that during the process of character verification, it was found that two criminal cases were registered against the petitioner and, therefore, the competent authority rightly declined to issue a satisfactory character verification certificate. It is further submitted that the action has been taken in accordance with the applicable policy and administrative requirements and cannot be said to be arbitrary. Learned State counsel, therefore, submits that no interference is called for and the writ petition deserves to be dismissed. 3. Heard learned counsel for the parties and perused the material available on record. 4. It is not in dispute that the petitioner is engaged merely as a daily wage employee on Collector rates and does not hold any substantive or regular appointment under the respondent authorities. The record further reveals that while undertaking the 4 process of verification of antecedents of daily wage employees, the competent authority found that two criminal cases had been registered against the petitioner. On the basis of such verification, the impugned communication dated 26.05.2026 came to be issued declining to certify the petitioner's character as satisfactory. 5. Merely because one of the criminal cases pertains to an offence allegedly committed during the petitioner's juvenility or that the petitioner has not been convicted in the other criminal case does not preclude the employer from considering the antecedents of the petitioner while assessing his suitability for continued engagement as a daily wage employee. Character verification is an administrative exercise undertaken to determine the suitability of a person for engagement in Government service, and the competent authority is entitled to take into consideration all relevant antecedents. Since the petitioner has no vested or statutory right to continue as a daily wager, this Court finds no arbitrariness or illegality in the decision of the respondents warranting interference in exercise of powers under Article 226 of the Constitution of India. 6. Consequently, finding no merit in the writ petition, the same is dismissed. Sd/- (Bibhu Datta Guru) JUDGE Jyoti