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2026 DAILYLAW 848 (CHH)

AJAY KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/428/2026 · 2026-01-14

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 4 2026:CGHC:2546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 428 of 2026 1 - Ajay Kumar Sahu S/o Durga Prashad Sahu Aged About 39 Years R/o Ward No. 3, Bajrang Para, Nagar Panchyat Sakri, Sakri, Bilaspur Chhattisgarh 2 - Nagendra Singh Chandel S/o Awdhesh Singh Chandel Aged About 35 Years R/o Bhogahapara, Shivrinarayan (N.P.) Ward 009, Shivrinaran (N.P.) Janjgir-Champa Chhattisgarh 3 - Bhushan Chandra Dhanger S/o Ramcharan Dhangarr Aged About 39 Years R/o Pandariya, Bilaspur Chhattisgarh 4 - Khagesh Pathak S/o Lakhan Lal Pathak Aged About 39 Years R/o New Paras Nagar, Sector 2, Ward No. 5, Kasdol, Balodabazar Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Raipur, Tehsil And District Raipur Chhattisgarh 2 - Chhattisgarh State Cooperative Marketing Federation Ltd. Through Its Managing Director, Head Office, Sixth Floor, Tower C, Commercial Complex, C.B.T.H., Sector-21, Nava Raipur, Atal Nagar Chhattisgarh 3 - The General Manager (Marketing) Chhattisgarh State Cooperative ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.19 11:30:48 +0530 2 / 4 Marketing Federation Ltd., Head Office, Nava Raipur, Atal Nagar Chhattisgarh 4 - District Marketing Officer District - Balodabazar-Bhatapara Chhattisgarh 5 - Secretary Department Of Cooperative Society, Raipur Chhattisgarh 6 - Registrar Department Of Corporative Society, State Of Chhattisgarh, Raipur Chhattisgarh 7 - District Food Officer District - Balodabazar-Bhatapara Chhattisgarh 8 - Collector District - Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) For Petitioner : Mr. Himanshu Pandey , Advocate For State : Mrs. Anuja Sharma, Dy. Govt. Advocate For Respondent no. 2 to 5 : Mr. Animesh Tiwari, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 15/01/2026 1. Petitioner has filed this writ petition, seeking following reliefs:- 10.1 That, this hon’ble Court may kindly be pleased to set aside the impugned show cause notice dated 03.12.2025 and subsequently show cause notice dated 13.12.2025, issued by respondent no. 3 against the petitioners. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents not register any First Information Report (FIR) against the petitioners in relation to the alleged loss/shrinkage of paddy during 3 / 4 the Kharif Marketing Year 2024-25, without conducting a lawful and proper departmental inquiry. 10.3 That, this Hon’ble Court may kindly be pleased to declare that the alleged shortage/shrinkage of paddy during the Kharif Marketing Year 2024-25 is natural, permissible and attributable to drying loss, and does not constitute negligence or misconduct on the part of the petitioners under Rule 3 of the Civil Service (Conduct) Rules, 1965 or Clause 18 of the Federation Services Rules. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief/relief’s in favour of the petitioners which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case, and in the interest of justice. 2. During the course of argument learned counsel for the petitioner submits that he is pressing this writ petition only on the relief claimed by petitioner in 10.2. He further submits that petitioners are working in Paddy Procurement Centre and pursuant to some discrepancies found have taken decision to register Fir in case of some other person. Petitioner is also apprehending that FIR may be registered against him also, therefore, this writ petition is filed. 3. Submission made by learned counsel for petitioner that the petitioners are seeking direction to authorities not to register FIR. Under the High Court Rules separate classification is made for filing writ petitions, 4 / 4 challenging the action of registering of FIR against the person be it a government servant. 4. In view of above, in the opinion of this Court relief as prayed for in para 10.2 cannot be granted in the writ petition filed as WPS and therefore, writ petition is dismissed. However, petitioner will be at liberty to file appropriate proceedings for relief sought in para 10.2 of the petition. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza