1 CGHC010050532022 2026:CGHC:38095 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 946 of 2022 Om Prakash Chandel, S/o Late Shri Pyarelal Chandel, Aged About 60 Years, office of Engineer In Chief, Water Resources Department Shivnath Bhawan Atal Nagar Nava Raipur Chhattisgarh. ... Petitioner versus 1- State of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2- State of Chhattisgarh Through Secretary, General Administrative Department Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 3- State of Chhattisgarh Through Under Secretary, Water Resources Department Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Vikram Kumar Dixit, Advocate For Respondent(s)/State : Mr. Keshav Prasad Gupta, Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 25/08/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and quash the impugned order dated 27.01.2022 (Annexure P/9) and further direct the respondent to 2 pass an appropriate order of promotion in favour of the petitioner. 2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondent authorities to consider the case of the petitioner for grant of promotion with in a stipulated time. 3] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to the respondent authorities to the effect that the notification dated 22nd October 2019 is not binding upon the petitioner. 4] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel appearing for the petitioner would submit that the petitioner, appointed as Assistant Engineer in the Water Resources Department in the year 1988, was eligible for promotion to the post of Superintending Engineer in the year 2017. He would further submit that his case was not considered on account of pendency of a criminal case under the Prevention of Corruption Act, though the DPC had found him suitable for promotion on 11.09.2017. He would contend that pursuant to the order dated 16.08.2021 passed in W.P.S. No. 4260 of 2021, the petitioner made a representation, which was rejected on 27.01.2022 on the ground of pendency of the criminal case. He would further submit that the petitioner has since been acquitted vide judgment dated 07.04.2024; thus, he would pray for a direction to Respondent No. 1 to consider his claim for promotion to the post of Superintending Engineer. 3. On the other hand, learned State counsel would oppose the submissions made by learned counsel for the petitioner. 3 4. Heard. 5. Having considered the fact that the claim of the petitioner for promotion to the post of Superintending Engineer from the post of Executive Engineer was rejected on the ground that a criminal case was pending against him, and at present, the criminal case has already been concluded and the petitioner has been acquitted, the petitioner is permitted to make a detailed representation within a period of 30 days before Respondent No. 1 and in turn, the authority concerned is directed to decide the representation of the petitioner for promotion within a period of 45 days. 6. With the aforesaid observation(s) and direction(s), the petition is hereby disposed of. Sd/- Rakesh Mohan Pandey JUDGE Nadim