1 2026:CGHC:14636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2487 of 2026 Namrata Sharma W/o Shri Avinash Tiwari Aged About 33 Years Presently Working As Chief Executive Officer Pendra District Gaurela-Pendra-Marwahi (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Department Of Scheduled Tribe And Scheduled Caste Backward Class And Minority Development, Mahanadi Bhawan, Mantralaya, Post And P.S. Mandir Hasaud, Raipur (C.G.) 2 - Collector Gaurela-Pendra-Marwahi (C.G.) 3 - Smt. Akanksha Pandey At Present Deputy Collector, Gaurella-Pendra- Marwahi (C.G.) ... Respondent(s) WPS No. 2708 of 2026 Smt. Shubha Damodar Mishra W/o Shri Damodar Mishra Aged About 42 Years R/o Mig, D/14, Parijat Extension, Bilaspur, P.S.- Civil Line , Tahsil And District- Bilaspur (Petitioner Name Is Correct As Per Annexure P/2) ... Petitioner Digitally signed by AMIT PATEL 2 versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Development, Mahanadi Bhawan, Mantralaya, P.S. And Post- Rakhi, Atal Nagar, Nawa Raipur, District- Raipur (C.G) 2 - Collector Office Of Project Administrator, Integrated Tribal Development Project, Gaurela, District- Gaurela-Pendra-Marwahi (C.G) 3 - Chief Executive Officer (CEO) Office Of The C.E.O., Zila Panchayat, Gaurela, District- Gaurela-Pendra-Marwahi ( (C.G) 4 - Dinesh Singh Dau Development Extension Officer, Janpad Panchayat Pendra, Current Posted In Office Of Janpad Panchyat Gaurela, District- Gaurela-Pendra-Marwahi (C.G) --- Respondents (Cause title taken from CIS System) For Respective Petitioners : Mr. Varun Sharma, Advocate and Mr. Abhishek Pandey along with Rishabhdev Sahu, Advocates. For Respondents/State : Ms. Shailja Shukla, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 27.03.2026 1. As common ground has been raised in these writ petitions by petitioners, therefore, they are being heard together and disposed of by this common order. 2. The petitioners have filed these writ petitions seeking following reliefs, which are extracted below from each of the petitions :- In WPS No. 2487 of 2026 “10.1. To kindly quash the impugned order dated 11/03/2026 (Annexure P/1) passed by the Collector, Gaurela-Pendra-Marwahi and 3 direct that the Petitioner may be permitted to continue to work as per her promotion order. 10.2. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” In WPS No.2708 of 2026 “10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. 10.2. That, this Hon'ble High Court may kindly be pleased to quash/set-aside the impugned order dated 11.03.2026 passed by Respondent no. 2, Collector, Gaurela, District- Gaurela- Pendra -Marwahi (C.G.) (Annexure-P/2). 10.3. That, this Hon'ble High Court may kindly be pleased to direct the Respondent no. 2 Collector, Gaurela and also direct the Respondent no. 3 CEO, Zila Panchayat, Gaurela to post the petitioner in her previous place of posting i.e. Chief Executive Officer, Gaurela, District Gaurela- Pendra- Marwahi (C.G.). 4 10.4. That this Hon'ble Court may further be pleased to grant any other relief, which is deemed to be fit by this Hon'ble Court.” 3. Learned counsel for the petitioner in WPS No. 2487 of 2026 would submit that the petitioner was holding the substantive post of Area Organizer, he was posted as In-charge, Chief Executive Officer, Janpad Panchyat, Pendra, District- Gaurela-Pendra-Marwahi vide order dated 10.12.2024 and since then, she was discharging her duties with dedication and honesty and vide impugned order dated 11.03.2026 (Annexure P/1) Collector has ordered the petitioner to be posted in the Office of Chief Executive Officer, Zila Panchayat, District- Gaurela- Pendra- Marwahi temporarily. 4. Learned counsel for the petitioner in WPS No. 2708 of 2026 would submit that the petitioner who has been appointed as a Chief Executive Officer and posted in the Office of Chief Executive Officer, Janpad Panchayat, Gaurela-Pendra-Marwahi vide order dated 18.06.2025 (Annexure-P/1). She is now posted in the office of Assistant Commissioner Tribal Development, District- Gaurela- Pendra- Marwahi temporarily till further orders vide impugned order dated 11.03.2026 by the Collector, Gaurela-Pendra- Marwahi. 5. Learned counsel for both the petitioners would submit that the orders passed by the Collector subject matter of challenge in the writ petitions is not sustainable, in view of the circular issued by the State Government on 11.04.2025. By this circular issued state government, directed the authorities not to change the charge of Chief Executive Officer as it is affecting the work and if for any exceptional circumstances shifting of the Chief Executive Officer from one place to 5 another is necessitated, then the prior approval of the State Government to be obtained. While passing the orders by the Collector, no such proceedings have been drawn and therefore, the impugned orders dated 11.03.2026 in both the writ petitions be quashed. 6. On the other hand, learned counsel for the Respondents/State would oppose the submissions of learned counsel for the respective petitioners and would submit that there is no dispute with respect to issuance of the circular by the State Government, she however submits that under the compelling circumstances prevailing at that time of raising agitation by the villagers as also by the local leaders, the order has been passed, there are complaints against the petitioners. She however, submits that after passing of the said order, letter has been forwarded to the State Government on the same date i.e., 11.03.2026 in this regard and therefore, there is compliance with the direction issued by the State Government in the Circular dated 11.04.2025. 7. I have heard learned counsel for the parties and perused the documents placed on record. 8. In both the writ petitions, learned counsel for the respective petitioners have raised a ground that the Collector/Respondent No. 2 had issued an order dated 11.03.2026 for changing their charge as Chief Executive Officer, Janpad Panchayat, Gaurela, District- Gaurela- Pendra- Marwahi without complying with the Clauses of the Circular dated 11.04.2025. 9. In the aforementioned facts of the case, I find appropriate to abstract relevant Clauses of the Circular dated 11.04.2025 for ready reference as under:- 6 “1.
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षत करते हुए आRयक अनुमोन उपरांत ही आामी काय ाही की ाये। " 10. Perusal of the aforementioned abstracted portion of the Circular would show that the State Government has taken note of the regular transfer of the Chief Executive Officers of the Janpad Panchayat which is hampering the work to be executed at Janpad Panchayat. In Clause-4 of the Circular, keeping in mind the exceptional circumstances have issued a direction that the concerned authority can pass an order for removing an employee posted as Chief Executive Officer from his charge, but that has been made subject to prior approval of the State Government. The Circular was issued addressing to all the Divisional Commissioners, all Collectors and all Chief Executive Officers, Zila Panchayat. The orders subject matter of the writ petitions were issued by the Collector. 11. Undisputedly, the Collector while issuing the order dated 11.03.2026 in both the writ petitions have not obtained prior approval from the State Government. The document enclosed along with the reply relied upon by counsel for the State also does not mention about seeking approval for his/her action post facto, but it only mentioned, for the appointment/posting of the new Chief Executive Officers. 12. In the aforementioned facts of the case, when the State Government has issued Circular directing the Commissioners, Collectors and Chief Executive Officers, Zila Panchayat not to remove the Chief Executive Officers from their charge and if required then with prior approval of the State Government, which in the facts of the case is lacking and therefore impugned orders dated 11.03.2026 are not sustainable. 8 13. For the foregoing discussions, the impugned orders dated 11.03.2026 in both the writ petitions are hereby quashed. The respondent authorities shall be at liberty to pass appropriate orders, if they so desire, following due process of law and the Clauses of the Circular dated 11.04.2025 issued by the State Government. 14. Accordingly, both the writ petitions are allowed. Sd/- (Parth Prateem Sahu) JUDGE AMIT PATEL