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2026 DAILYLAW 34984 (CHH)

LAXMI PRASAD NAYAK v. STATE OF CHHATTISGARH

WPS/6119/2026 · 2026-09-07

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010305242026 2026:CGHC:39380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6119 of 2026 Laxmi Prasad Nayak S/o Late Shri Santram Nayak Aged About 39 Years Working As Assistant Teacher (Lb), Govt. Primary School, Nachanpali, Block - Sarangarh, Distt. Sarangarh Bilaigarh Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhavan, Mantralaya, New Raipur, Distt. Raipur Chhattisgarh 2 - The Director, School Education Department Mahanadi Bhavan, Mantralay, New Raipur, District Raipur Chhattisgarh 3 - The Joint Director (Education) Bilaspur Division, Bilaspur, Distt. Bilaspur Chhattisgarh 4 - The District Education Officer Sarangarh, District Sarangarh Bilaigarh Chhattisgarh 5 - The Collector, Sarangarh District Sarangarh Bilaigarh Chhattisgarh 6 - The Block Education Officer Sarangarh, District Sarangarh Bilaigarh Chhattisgarh ... Respondents (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.09.09 11:14:03 +0530 2 For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondents/ State : Mr. Aditya Tiwari, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 08/09/2026 1. By the present writ petition, the petitioner is seeking for the following relief :- “10.1 Call for the entire records in connection of the petitioner's cases. 10.2 Issue an appropriate writ, order or direction directing the respondents to consider and decide the petitioner's joining report/application dated 19.09.2025 along with his medical fitness certificate, within a stipulated period. 10.3 Direct the respondents to permit the petitioner to resume duties forthwith, subject to the outcome of the pending departmental proceedings, if any. 10.4 Direct the respondents to conclude the pending departmental enquiry strictly in accordance with law and the principles of natural justice within a time frame fixed by this Hon'ble Court. 10.5 Declare that the respondents cannot indefinitely withhold consideration of the petitioner's joining report merely because disciplinary proceedings are pending. 10.6 Pass any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 10.7 Award costs of the present writ petition in favour of the petitioner.” 3 2. On the last date of hearing, one week’s time was granted to learned State counsel to seek instructions regarding the status of the departmental enquiry pending against the petitioner. 3. In compliance with the aforesaid direction, learned State counsel, by placing on record a copy of the order dated 13.07.2026 passed by the District Education Officer, Sarangarh-Bilaigarh, submits that the departmental enquiry has already been concluded and an order of punishment, namely, dismissal from service, has been passed. The order dated 13.07.2026 is taken on record. 4. At this juncture, learned counsel appearing for the petitioner seeks permission of this Court to withdraw the present petition with liberty to avail the statutory remedy, as may be available to him under law, before the appropriate forum by challenging the order dated 13.07.2026. 5. In view of the aforesaid submission made by learned counsel for the petitioner, the instant Writ Petition stands disposed of as withdrawn with the liberty as prayed for. Sd/- (BIBHU DATTA GURU) Judge $. Bhilwar