1 2026:CGHC:1250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3899 of 2018 1 - Shiv Poojan Garg S/o S/o Shri R. K. Garg, Aged About 40 Years R/o Shankar Nagar, Ward No. 11, Near Buddha Kuty, Durg, Police Station Mohan Nagar, Tahsil And District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home/ Police, Secretariat, Mahanadi Bhawan, P. S. And Post Rakhi, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Additional Director General Of Police (A-Dgp), Chhattisgarh Armed Force (C. A. F.), Police Headquarters (Phq), Near Mahanadi Bhawan, P. S. And Post- Rakhi, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Inspector General Of Police ( I.G.P.), Chhattisgarh, Armed Force (C. A. F.), Near Mahanadi Bhawan, Secretariat P. S. And Post Rakhi, Naya Raipur District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Commandant, Chhattisgarh, Armed Force (C.A.F.), 7th Battallion, Bhilai, Police Station Supela, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 5 - Deputy Commandant/enquiry Officer, Chhattisgarh, Armed Force (C.A.F.) 7th Battlion, Bhilai, Police Station Supela, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 6 - Rigiyush Kujur, Company Com-Mander/ Presenting Officer, 7th Battallion, Chhattisgarh. Armed Force (C.A.F.) Bhilai, Police Station Supela, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Abhishek Pandey with Mr. Rishabh Dev Sahu, Advocate For Respondent Nos. 1 to 5 : Mr. Topilal Bareth, PL Hon'ble Shri Justice Sachin Singh Rajput Order On Board 08.01.2026 HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.01.12 16:48:09 +0530 2 1. The petitioner has filed this writ petition seeking for the following relief(s); “10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of Petitioner and after its perusal allow the petition. 10.2 That the Hon'ble Court may kindly further be pleased to quash the impugned charge sheet dated 29/06/2017 issued by the respondent No. 4 Commandant, Chhattisgarh Armed Force (C.A.F.), 7th Battalion, Bhilai, District Durg (C.G.). 10.3 That the Hon'ble Court may kindly further be pleased to quash the impugned letters dated 13/11/2017 and 14/11/2017 issued by the respondent No. 6 Rigiyush Kujur, Company Commander/Presenting Officer, 7th Battalion, Chhattisgarh Armed Force (C.A.F.) Bhilai, District Durg (C.G.) to the petitioner. 10.4 That the Hon'ble Court may kindly further be pleased to quash the impugned departmental enquiry procedure petitioner. conducted against the 10.5 That, the Hon'ble Court may kindly further be pleased to grant compensation to the petitioner for mental agony and harassment. 10.6 That the Hon'ble Court may kindly further be pleased to direct the respondents for grant of cost of writ petition with interest to the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner is posted as a Constable in the 7th Battalion, Chhattisgarh Armed Forces (CAF), Bhilai, District Durg (C.G.). A charge-sheet dated 29.06.2017 filed as Annexure P/1 was issued against the petitioner containing the following allegation: "ई'  प,  -   ए म    म  म-08 प     19.05. 2017  अप ! म"! , #.आ.144 #% &म'  ई() ए. .-47 )फल ब .-56 ब-! ब KO-49- 5521 म) ए भ /ई म01 30 उ"!  ल 3ब 3  ए' अम3     फ   ए' '3 म4)ल) प5 6भलई म7 8म /ए प) 1 छ. . प:ल  ल%;  3)म 64 (2) (4), छ. . :3'ल ' (आण) 3)म, 1965  3)म 3(1) (ए) ( ) () ए' 3-  () ( )  उ=ल8 ।" Though some documents along with charge sheet was appended including the list of the witnesses. Respondent No. 5 was appointed as Inquiry Officer and respondent no. 6 was appointed as Presenting Officer. He further submits that the petitioner was not supplied entire set of documents which is relied upon by the inquiry officer in the alleged inquiry. Apart from this he submits that the petitioner has an apprehension that the respondent No. 5/inquiry officer would not conduct the departmental inquiry in fair manner. Thus for the present the grievances of the petitioner he may be 3 permitted to make a representation to respondent No. 4 who may decide the same in accordance with law within a reasonable period of time. 3. The said prayer is not opposed by the other side. 4. I have heard learned counsel for the parties and perused the record. 5. In view of the grievances raised in the writ petition regarding change of the Inquiry Officer and supply of necessary documents, the petitioner is at liberty to submit a representation before respondent No. 4/competent authority within a period of 45 days from the date of receipt of a copy of this order. Upon receipt of such representation, respondent No. 4/competent authority shall decide the same within a period of 120 days by passing a reasoned and objective order, after duly considering the grievances raised by the petitioner. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Sachin Singh Rajput) Judge H.Ansari