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2026 DAILYLAW 30836 (CHH)

BHUPENDRA GOIR v. STATE OF CHHATTISGARH

WPS/338/2026 · 2026-08-17

Shri Bibhu Datta Guru

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010006822026 2026:CGHC:36879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 338 of 2026 Bhupendra Goir S/o Late Shyam Goir Aged About 30 Years Presently Posted As Assistant Grade-III At Office Of Municipal Corporation Durg, District Durg Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Urban Administration And Development, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh 2 - The Director, Directorate Of Urban Administration And Development, Mantralay, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - The Municipal Corporation, Durg Through Its Commissioner, Durg, District Durg Chhattisgarh 4 - Shri Sumit Agrawal Posted As Commissioner, Municipal Corporation Durg, District Durg Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.08.19 10:36:54 +0530 2 For Petitioner : Mr. Sandeep Dubey, Advocate For Respondents/ State : Ms. Anuja Sharma, Dy. Govt. Advocate For Respondent No.3 : Mr. Dhiraj Kumar Wankhede, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 18/08/2026 1. Heard on I.A. No. 03/2026, an application seeking appropriate directions to the respondents. 2. According to learned counsel for the petitioner, the petitioner was initially appointed as a Peon under the Municipal Corporation, Durg, vide order dated 08.08.2014 and was subsequently promoted as Assistant Grade-III on 21.11.2019. During his service, he was issued show-cause notices dated 31.07.2025 and 01.08.2025 concerning alleged irregularities in certain appointments and promotion, to which he submitted his reply. Thereafter, vide order dated 07.08.2025 (Annexure P/1), the Commissioner, Municipal Corporation, Durg, suspended the petitioner under Rule 9(1) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. Aggrieved thereby, the petitioner has challenged the suspension order, alleging that the same was passed arbitrarily, with mala fide intention and without obtaining the requisite approval of the Mayor-in-Council and is, therefore, without jurisdiction and contrary to the principles of natural justice. Hence, the present petition. 3 3. However, at present, learned counsel for the petitioner submits that, by way of I.A. No. 3, the petitioner seeks a limited relief by praying that the respondent No.1/Secretary, Department of Urban Administration and Development, be directed to decide the appeal preferred by the petitioner strictly in accordance with law, without being influenced by the pendency of the present writ petition, within an outer limit of 30 days. He submits that the petition may accordingly be disposed of with such direction. 4. At this juncture, learned State counsel as well as learned counsel appearing for respondent No. 3 jointly submit that, as the petitioner presently seeks only a direction for deciding his pending appeal, the petition may be disposed of with a direction to the competent authority to decide the appeal preferred by the petitioner, if the same is still pending, in accordance with law within the stipulated period. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the limited prayer made by learned counsel for the petitioner and taking into account the submissions made by learned counsel for the respondents, the present writ petition is disposed of with a direction to respondent No. 1/Secretary, Department of Urban Administration and Development, Raipur, to consider and decide the appeal (Annexure A-4) filed by the petitioner along with I.A. No. 3/2026, strictly in accordance with 4 law, preferably within a period of 30 days from the date of receipt of a copy of this order, if the same is still pending. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. The respondent authority shall take an appropriate decision independently, without being influenced by any observation made in this order. 8. With the aforesaid direction, the writ petition stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar