Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 7701 (CHH)

JAGATPAL NIKUNJ v. STATE OF CHHATTISGARH

WPS/3518/2026 · 2026-04-22

Shri Parth Prateem Sahu

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 2026:CGHC:18579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3518 of 2026 Jagatpal Nikunj S/o Late Dukhiyaram Nikunj Aged About 57 Years R/o Karbala Road, Tanki Toli, Jashpur Town, Distt. Jashpur, Chhattisgarh. ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Nava Raipur, Distt. Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instruction, Chhattisgarh, Nava Raipur, Chhattisgarh. 3 - District Education Officer (Deo) District Jashpur, Chhattisgarh. 4 - Commissioner Surguja Division, Ambikapur, Chhattisgarh. 5 - Collector District Jashpur, Chhattisgarh. 6 - Joint Director Divisional Public Instruction/appellate Authority, Ambikapur, Distt. Surguja, Chhattisgarh. 7 - Chief Executive Officer District Panchayat Jashpur, Chhattisgarh. 8 - Tehsildar And Astt. Returning Officer Manora, Distt. Jashpur, Chhattisgarh. 9 - Block Education Officer (Beo) Block Manora, Distt. Jashpur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Syed Afaque Hussain Rizvi , Advocate For Respondents : Mr. Avinash Singh, G.A. HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE ORDER ON BOARD 23.04.2026 1. Petitioner has filed this writ petition seeking following reliefs. 2 / 3 “10.1 Quash the Suspension Order dated 21.11.2025 (Annexure P/4) as being infructuous and illegal due to the non- issuance of a charge-sheet within the statutory period. 10.2 Direct the Respondents to Reinstated the Petitioner immediately with full back wages and continuity of service, as the suspension has lapsed by operation of law. 10.3 Direct the Respondents to pay the entire arrears of Subsistence Allowance from January 2026 till the date of reinstatement with 12% interest for the period of delay. 10.4 Direct an enquiry into the "Administrative Lapses" of Respondents No. 3 and 6 for failing to follow the law of the land regarding time-bound disciplinary proceedings. 10.5 Any other relief/s which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, be also granted to the petitioner.” 2. Counsel for the petitioner submits that petitioner has been suspended vide order dated 21.11.2025 by the District Education Officer, Jashpur. Petitioner aggrieved with which has submitted an appeal as provided under Rule 23 of CCA Rules, 1966 before the Joint Director on 26.12.2025, however, even after lapse of about more than three months, the appeal has not been decided, therefore, direction be issued to respondent No. 6 to consider and take decision on the pending appeal at the earliest. 3. Counsel for the State submits that he is having no objection to the limited prayer made by counsel for the petitioner. 4. On due consideration of submission of counsel for the respective parties, the writ petition at this stage is disposed of directing respondent No. 6 to consider and take decision on the appeal 3 / 3 submitted, in accordance with law, expeditiously, preferably within a further period of 45 days from the date of receipt of the Order. 5. At this stage, counsel for the petitioner submits that petitioner is not been paid subsistence allowance since month of January, 2026. 6. Counsel for the State submits that according to his instructions, the subsistence allowance is being paid to the petitioner. 7. Be that as it may, respondent authorities are directed to pay the subsistence allowance regularly, in accordance with law, if it is not been paid to the petitioner, time to time. 8. With the above observation and direction, writ petition stands disposed off. Sd/- (Parth Prateem Sahu) Saurabh JUDGE