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2026 DAILYLAW 32004 (CHH)

SHASHI BHUSAN RATHORE v. STATE OF CHHATTISGARH

WPS/4511/2026 · 2026-08-06

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010223222026 2026:CGHC:34826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4511 of 2026 Shashi Bhusan Rathore S/o Shri Jagdish Prasad Rathore Aged About 41 Years R/o Village Bhadesar, Post Dhaneli, Tehsil Janjgir, District Janjgir Champa Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 2 - Director General, Home Guards, Fires And Emergency Services, SDRF Headquarters, Sector 19, Atal Nagar, Nava Raipur, Raipur Chhattisgarh 3 - Divisional Commandant, Home Guards, Fire And Emergency Services, Bilaspur Division, District Bilaspur Chhattisgarh 4 - District Commandant And District Fire Officer, Janjgir Champa, District Janjgir Champa Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.08.10 10:23:44 +0530 2 For Petitioner : Mr. Shishir Dixit, Advocate For Respondents/ State : Ms. Akanksha Verma, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 07/08/2026 1. By the present writ petition, the petitioner seeks a direction towards respondent No.4 to comply with the order dated 12.05.2026 (Annexure P/13) passed by respondent No.3 and to reinstate him in service by issuing the necessary kit and assigning him duty in terms of the said order. 2. Learned counsel for the petitioner submits that the petitioner is working as a Home Guard (Batch No.115) under respondent No.4. He submits that although the petitioner was reinstated pursuant to the order passed by this Court in WPS No.8861/2025, respondent No.4 subsequently directed him to deposit his kit and did not permit him to discharge his duties. He further submits that the respondent No.3, vide order dated 12.05.2026 (Annexure P/13), directed respondent No.4 to assign duty to the petitioner within a radius of 75 kilometres of District Janjgir-Champa and to provide him the necessary kit during the pendency of his departmental appeal. However, despite the said direction, respondent No.4 has failed to comply with the same. Hence, the present writ petition. 3. Vide order dated 11.06.2026, this Court directed the learned State counsel to seek instructions as to why the order dated 12.05.2026 3 passed by respondent No.3 had not been complied with by respondent No.4. Pursuant to the said direction, learned State counsel, by placing the communication dated 06.06.2026 on record, submits that the petitioner was orally directed on 29.05.2026 to appear before the Office of District Commandant, Home Guards, Janjgir along with the requisite documents for issuance of the kit. However, as the petitioner did not appear despite the said direction, the order dated 12.05.2026 could not be complied with. 4. I have heard learned counsel for the parties and perused the pleadings as well as the documents appended with the writ petition as also the communication dated 06.06.2026. 5. Having considered the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and taking into account the fact that the order dated 12.05.2026 could not be complied with as the petitioner did not appear before the Office of the District Commandant, Home Guards, Janjgir, this writ petition is disposed of with a direction to the petitioner to remain present before the Office of the District Commandant, Home Guards, Janjgir on 11.08.2026 along with the requisite documents. Upon the petitioner's appearance, respondent No.4 shall comply with the order dated 12.05.2026 (Annexure P/13) passed by respondent No.3 on the very same day by issuing the requisite kit and assigning duty to the petitioner in terms of the said order. 4 6. With the aforesaid direction, the writ petition stands disposed of. 7. Learned counsel for both the parties are directed to communicate this order forthwith to the petitioner as also respondent No.4/District Commandant and District Fire Officer, Janjgir- Champa, for necessary information and compliance. Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar