1 CGHC010025842020 2026:CGHC:34421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 747 of 2020 1 - Kishore Kumar Vaishnav S/o. Shri Shiv Kumar Vaishnav Aged About 33 Years Ex-Teacher, At Panchayat Purva Middle School Golardih, Block Chhuikhadan, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Chief Executive Officer, Zila Panchayat Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vinod Kumar Sharma, Advocate SB – Hon’ble Shri Justice Sanjay K. Agrawal Order on Board 06/08/2026 1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner against the impugned order dated 2 17/09/2019 (Annexure P/1) passed by the Commissioner, Durg Division whereby the appeal preferred by the petition, against his order of removal from service, has been dismissed holding it to be barred by limitation. 2. Learned counsel for the petitioner submits that the order of removal from service dated 08/03/2016 was not communicated to the petitioner and as soon as he came to know about the removal order when his friend told him about the same on 20/05/2018, petitioner immediately filed an appeal along with application for condonation of delay. 3. None has appeared to oppose though notice has been issued on 07/02/2020. 4. Heard learned counsel for the petitioner and perused the record. 5. A careful perusal of the record would show that the petitioner is a differently abled person and he has straightway removed from service without conducting any inquiry and without affording reasonable opportunity of hearing to him. He has clearly stated that the delay occurred in filing of the appeal was not at all deliberate as the order of removal from service was not at all communicated to him and as soon as his friend told him about the same on 20/05/2018, he secured a copy of the order and filed an appeal before the Commissioner. As such, the Commissioner, Durg Division is absolutely unjustified in dismissing the appeal of the petitioner on the ground of delay and the impugned order dated 17/09/2019 (Annexure P/1), being unsustainable and bad in 3 law, is hereby set aside. Matter is remitted to the Commissioner, Durg Division to hear the parties and decide petitioner’s appeal on merits, by passing a reasoned and speaking order, absolutely in accordance with law. 6. Accordingly, this writ petition stands disposed of. No cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Harneet