1 CGHC010331962025 2026:CGHC:36537 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9235 of 2025 Ajay Kumar Bajpai S/o Late Shri Nandan Prasad Bajpai Aged About 61 Years R/o Central Jail, Ambikapur, District Surguja C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur C.G. 2 - The Under Secretary Home (Jail Department), Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur C.G. 3 - The Director General, Jail And Correctional Services, Chhattisgarh, Headquarter Jail And Correctional Services, New Raipur, District- Raipur C.G. 4 - The Inquiry Officer-Cum-Assistant Inspector General, Jail And Correctional Services, Chhattisgarh, Headquarter Jail And Correctional Services, New Raipur, District- Raipur C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Goutam Khetrapal, Advocate For Respondents/ State : Mr. Vivek Verma, Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.08.19 10:31:10 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 17/08/2026 1. By the present writ petition, the petitioner has challenged the order dated 16.06.2025 (Annexure P/1) passed by the appellate authority, whereby his departmental appeal has been dismissed and the order of punishment dated 13.10.2020, imposing the penalty of withholding of one annual increment with cumulative effect, has been affirmed, pursuant to the directions issued by this Court in WPS No. 5239/2021. 2. Learned counsel for the petitioner submits that pursuant to a departmental enquiry, the petitioner was imposed the punishment of withholding of one annual increment with cumulative effect vide order dated 13.10.2020. The departmental appeal preferred by the petitioner was rejected vide order dated 08.06.2021. Aggrieved thereby, the petitioner approached this Court in WPS No. 5239/2021, which was disposed of vide order dated 16.07.2024, whereby the order dated 08.06.2021 was set aside and the matter was remitted to the appellate authority for fresh consideration of the appeal in light of Rule 27(2) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short, “the Rules of 1966”), after affording due opportunity of hearing to the petitioner. Pursuant thereto, the petitioner was granted an opportunity of hearing and submitted his grounds of appeal. However, vide the impugned order dated 16.06.2025, the appeal has again been dismissed without proper 3 consideration of the submissions and grounds raised by the petitioner. It is, therefore, submitted that the impugned order is a non-speaking order and does not comply with the directions issued by this Court. 3. On the other hand, learned State counsel submits that the departmental enquiry was conducted in accordance with the Jail Manual and the provisions of the Rules of 1966, after affording adequate opportunity to the petitioner. It is submitted that, out of the five charges levelled against the petitioner, some of the charges were found partly proved, whereafter the Disciplinary Authority imposed the punishment of withholding of one annual increment with cumulative effect vide order dated 13.10.2020. The appeal preferred by the petitioner was rejected vide order dated 08.06.2021. Thereafter, pursuant to the order passed by this Court in WPS No. 5239/2021, the appellate authority reconsidered the matter, afforded personal hearing to the petitioner and, after considering his submissions, dismissed the appeal vide impugned order dated 16.06.2025. It is, therefore, submitted that no procedural irregularity or violation of the principles of natural justice has been demonstrated and the present writ petition, being devoid of merit, deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. From perusal of the order dated 16.07.2024 passed by this Court in WPS No. 5239/2021, it appears that the earlier order dated 4 08.06.2021 was set aside and the matter was remitted to the appellate authority for fresh consideration of the petitioner's appeal in accordance with Rule 27(2) of the Rules of 1966, after affording due opportunity of hearing to the petitioner and considering the submissions/grounds raised by him. 6. Further perusal of the impugned order dated 16.06.2025, it appears that the petitioner was afforded an opportunity of hearing and his grounds of appeal were taken note of; however, the said grounds have not been dealt with by recording specific and cogent reasons. The impugned order, therefore, does not reflect proper consideration of the grounds raised by the petitioner in the manner contemplated by the order of this Court. 7. Once this Court had specifically directed the appellate authority to reconsider the appeal after affording due opportunity of hearing to the petitioner and after considering his submissions/grounds, the said direction was required to be complied with in its true letter and spirit. Mere reference to the grounds raised by the petitioner, without recording reasons for accepting or rejecting the same, would not amount to proper consideration of the appeal. 8. In these circumstances, the impugned order dated 16.06.2025 (Annexure P/1) cannot be sustained and is hereby set aside. The matter is accordingly remitted to the appellate authority/Secretary, Department of Home, State of Chhattisgarh, who shall consider the petitioner's departmental appeal afresh, strictly in accordance with Rule 27(2) of the Rules of 1966, after taking into consideration all the grounds raised by the petitioner and the 5 submissions made by him. 9. The appellate authority shall pass a reasoned and speaking order in accordance with law within a period of 30 days from the date of receipt of a copy of this order. 10. With the aforesaid direction, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar