1 2026:CGHC:4722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4113 of 2019 1 - Anand Kumar Kushwaha S/o Ram Briksha Kushwaha Aged About 32 Years Ex- Constable (G.D) Badge No. 785, Police unit Balrampur, District : Balrampur-Ramanujganj, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home (Police) Mahanadi Bhawan, New Mantralaya Raipur, Chhattisgarh., 2 - Director General Of Police Police Head Quarter, Raipur, District Raipur Chhattisgarh., 3 - Inspector General Of Police Surguja Range, Ambikapur, District Surguja Chhattisgarh., 4 - Superintendent Of Police Balrampur, District Balrampur, Ramanujganj Chhattisgarh., 5 - Reserve Inspector Reserve Police Line Balrampur, District Balrampur- Ramanujganj (Surguja) Chhattisgarh., ... Respondent(s) For Petitioner(s) : Shri Aman Upadhyay, Advocate. For Respondent(s) : Shri Rahul Tamaskar, Govt. Advocate. Hon'ble Shri Sanjay K. Agrawal , J Order On Board 28/01/2026 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.01.29 15:04:57 +0530 2 1. The petitioner is aggrieved by the order dated 6.4.2019 passed by respondent No.2 i.e. the Director General of Police, Police Headquarter Raipur whereby the mercy appeal preferred by the petitioner has been dismissed being time barred, which was preferred against the order 4.12.2018 passed by the Inspector General of Police, Sarguja Range by which the original Appeal preferred by the petitioner was dismissed as barred by limitation, which, in turn, was preferred against the order passed by the Superintendent of Police, Balrampur dated 25.1.2011 dismissing the petitioner from service. 2. Learned counsel for the petitioner would submit that the Appeal was preferred by the petitioner on 30.11.2018 against the order dated 25.1.2011 and the documents running in 22 pages had also been filed demonstrating that the petitioner was medically unfit and, therefore, he could not prefer the Appeal on time. However, the Inspector General of Police did not look into the said aspect and dismissed the Appeal without assigning any reason. As such, the order passed by the Inspector General of Police is bad in law and deserves to be set aside. 3. On the other hand, learned State Counsel would support the impugned order. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Careful perusal of the documents annexed with the Writ Petition would show that the appeal was preferred by the petitioner which was accompanied with the documents running in 22 pages demonstrating that the petitioner was medically unfit. However, the Inspector General of Police in one line order has simply stated that the appeal was time barred whereas the petitioner had shown sufficient cause for delay in filing the appeal. 6. Considering the entire fact situation of the case, this Court is of the considered opinion that the order passed by the Inspector General of Police, Sarguja Range dated 4.12.2018 and the order dated 6.4.2019 passed by the Director General of Police dismissing the mercy appeal of the petitioner deserve to be quashed and the same are hereby quashed. 7. The matter is remitted to the Inspector General of Police, Sarguja Range for consideration of appeal in accordance with law. It is directed that the petitioner shall file an application for condonation of delay in filing the appeal duly supported with the documents within a period of 4 weeks from the date of receipt of a copy of this order, which shall be considered by the Inspector General of Police strictly in accordance with law. 4 8. However, it is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned shall consider the appeal as also the application for condonation of delay on its own merits, in accordance with law. 9. With the aforesaid direction/observation, the Writ Petition is disposed of. Sd/- (Sanjay K. Agrawal) Judge Barve