1 CGHC010334842026 2026:CGHC:38872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6437 of 2026 1 - Shiwa Kant Tiwari S/o Lalla Ram Tiwari Aged About 50 Years Presently Working On The Post Of Head Constable In 5th Battalion, C.A.F. Jagdalpur, District- Bastar (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur Chhattisgarh 2 - Director General Of Police, Chhattisgarh Police Head Quarter Raipur, District- Raipur (C.G.) 3 - Additional Director General Of Police, Chhattisgarh Police Head Quarter Raipur, District- Raipur (C.G.) 4 - Inspector General Of Police, C.A.F. Police Head Quarter Raipur, District- Raipur (C.G.) 5 - Commandant 5th Battalion, C.A.F. Jagdalpur, District- Bastar (C.G.) 6 - Assistant Commandant Departmental Enquiry Officer, Ptc, Borgaon, District- Kondagaon (C.G.) ... Respondents For Petitioner : Mr. Sushil Dubey, Advocate. For State : Ms. Apurva Tiwari, Panel Lawyer Hon'ble Justice Shri Bibhu Datta Guru Order on Board 2 02/09/2026 1. By the present petition, the petitioner has prayed for following reliefs:- “10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ/order/direction in nature of mandamus whereby to issue appropriate direction to the Respondent Authorities to stay the proceedings pertaining to the departmental enquiry pending before the Enquiry Officer Anand Singh Rawat, Departmental Enquiry Officer, Assistant Commandant, PTC, Borgaon, District - Kondagaon (CG) during the pendency of the criminal proceeding in connection with Crime No. 136 OF 2025 registered by the P.S. - Frezarpur, Bastar against the petitioner for the offence punishable under s. 420, 409, 467, 468, 471, 34 IPC. 10.3 That, any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 2. Learned counsel appearing for the petitioner submits that the petitioner is presently in jail in connection with Crime No.136 of 2025 registered by the P.S. - Frezarpur, Bastar against the petitioner for the offence punishable under Sections 420, 409, 3 467, 468, 471, 34 IPC. During the pendency of the criminal case, the respondent/Commandant suspended the service of the petitioner on account of his arrest in aforesaid offence. It is contended that the petitioner, being in custody, is not in a position to effectively participate in the disciplinary proceedings, collect and produce relevant documents, engage with the defence witnesses or properly instruct his defence representative. He further submits that unless the petitioner is released on bail or is otherwise able to effectively participate in the enquiry, irreparable prejudice would be caused to him and the enquiry may culminate in an ex parte decision. Learned counsel further submits that by the communication dated 28/07/2026, regarding appearance of the petitioner in departmental enquiry, the petitioner made a representation before the Departmental Enquiry seeking stay the proceedings of the said enquiry, but the same has not been considered till date. 3. Learned counsel appearing for the respondents submits that the petitioner has been arraigned as an accused in connection with Crime No.136 of 2025 registered by the P.S. - Frezarpur, Bastar against the petitioner for the offence punishable under Sections 420, 409, 467, 468, 471, 34 IPC. It is further submitted that, consequent upon the registration of the said criminal case, the competent disciplinary authority has also initiated departmental proceedings against the petitioner in accordance with the 4 applicable service rules. It is submitted that the petitioner's incarceration, by itself, does not deprive him of the opportunity to effectively participate in the disciplinary proceedings. 4. I have heard learend counsel for the parties perused the pleadings and documents. 5. Having considered the aforesaid submission and taking note of the fact that the petitioner is presently in jail and prima facie may not be in a position to effectively defend himself in the disciplinary proceedings, hence, the petition is allowed and the chargesheet as also the consequential proceedings are kept in abeyance at this juncture. The respondents are at liberty to continue with the Departmental Enquiry as and when the petitioner released from the jail. The petitioner is directed to intimate the disciplinary authority as and when he will release from jail. 6. It is made clear that this Court has not expressed any opinion on merits of this case. SD/- (Bibhu Datta Guru) Judge Amardeep