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2026 DAILYLAW 30103 (CHH)

SHIV KUMAR SAHU (S.K. Sahu) v. STATE OF CHHATTISGARH

WPS/2951/2021 · 2026-07-30

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010123512021 2026:CGHC:33100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2951 of 2021 1 - Shiv Kumar Sahu (S.K. Sahu) S/o Late Shri Sant Ram Sahu Aged About 60 Years R/o Gv 24, Gitanjali Vihar, Neharu Nagar, Bilaspur, Police Station Civil Line Bilaspur , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary , Home (Jail) Department , Mantralaya Mahanadi Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Director General Prisons And Correctional Services Chhattisgarh, Head Quarter Prisons And Correctional Services Chhattisgarh, Raipur Chhattisgarh. 3 - The Additional Director General Prisons And Correctional Services Chhattisgarh, Head Quarter Prisons And Correctional Services Chhattisgarh Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - The Deputy Inspector General Prisons And Correctional Services Chhattisgarh. Head Quarter Prisons And Correctional Services Chhattisgarh Raipur Chhattisgarh. --- Respondent(s) WPS No. 2953 of 2021 1 - Govardhan Singh Shori (G.S. Shori) S/o Shri Bhadu Ram Shori, Aged About 53 Years R/o Village And Post - Pataud, Police Station And Tahsil - Kanker, District - Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh, Through - The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Director General, Prisons And Correctional Services Chhattisgarh, Head Quarter - Prisons And Correctional Services Chhattisgarh, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Additional Director General, Prisons And Correctional Services Chhattisgarh, Head Quarter - Prisons And Correctional Services Chhattisgarh, REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.07.31 14:02:43 +0530 -2- Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - The Deputy Inspector General, Prisons And Correctional Services Chhattisgarh, Head Quarter - Prisons And Correctional Services Chhattisgarh, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioners : Mr. Rishi Rahul Soni, Advocate For State : Mr. Anil S. Pandey, GA Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 31.07.2026 1. Heard. 2. In WPS No.2951 of 2021, the petitioner has filed this petition seeking following relief (s) : “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal; 10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction and quash/set-aside disciplinary proceedings initiated against the petitioner including charge sheet issued against the petitioner vide letter/notice dated 13.03.2020 (Annexure P/2) issued by the respondent no.3; and 10.3 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction and quash/set-aside the letter/order dated 26/27.05.2020 (Annexure P / 3 ) issued by the respondent no.4; and 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 3. In WPS No.2953 of 2021, the petitioner has filed this petition seeking following relief (s) : “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal; 10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction and quash/set- aside disciplinary proceedings initiated against the petitioner including charge sheet issued against the petitioner vide letter/notice dated 12.02.2020 3 (Annexure P / 2 ) issued by the respondent no.3; 10.3 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction and quash/set- aside the letter/order dated 17/18.02.2020 (Annexure P / 3 ) issued by the respondent no.4 and the letter/order dated 27/28.05.2020 (Annexure p / 6 ) issued by the respondent no.4; and 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 4. Mr. Pandey, learned Government Advocate appearing for the State, would contend that the departmental proceedings have already been concluded and enquiry reports have been placed before the disciplinary authority. He would further contend that the petitioners have been served with a second show-cause notice and the issue of recovery would be decided in those proceedings. 5. Having considered the fact that the petitioners have challenged the initiation of the departmental enquiry and the enquiries have already been concluded, these petitions are disposed of, reserving liberty in favour of the petitioners to revive their prayer if new cause of action arises in near future. 6. The disciplinary authority shall consider the issue of recovery while taking a decision in the departmental enquiry. The authority concerned is directed to take a decision within a period of 30 days from today, and for the said period, interim order with regard to recovery shall continue. Sd/- (Rakesh Mohan Pandey) Judge Rekha