High Court of Chhattisgarh disposed of a writ petition challenging a sealed cover promotion recommendation under Article 164 rules. The court dismissed the objection as the petitioner admits pending departmental enquiry and retains rights to claim the post based on future enquiry outcome.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 3247 of 2022
Shatruhan Prasad Kurrey (S. P. Kurrey) S/o Late Shri Bodh Ram Kurrey, Aged About 48 Years, R/o Jail Colony, District Jail Raigarh, Police Station City Kotwali Raigarh, District : Raigarh, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh
2. The Director General, Prisons And Correctional Services Chhattisgarh, Raipur, Chhattisgarh
3. The Deputy Inspector General, Prisons And Correctional Services Chhattisgarh, Head Quarter Prisons And Correctional Services Chhattisgarh, Raipur, Chhattisgarh
4. Chhattisgarh Public Service Commission Through The Chairman, Chhattisgarh Public Service Commission, Shankar Nagar Raipur, Chhattisgarh
5. Dr. Motilal Bachkar (Chairman Of Departmental Promotion Committee) Member Chhattisgarh Public Service Commission Raipur, Chhattisgarh
6. Shri Dhananjay Dewangan (Member Of Departmental Promotion Committee) Secretary, Government Of Chhattisgarh, Home (Jail) Department, Mantralaya Mahanadi Bhawan Raipur, Chhattisgarh
7. Shri Sanjay Pilley (Member Of Departmental Promotion Committee) Director General, Prisons And Correctional Services Chhattisgarh, Raipur, Chhattisgarh
8. Shri D. P. Kaushal (Member Scheduled Caste Representative Of Departmental Promotion Committee)) Under Secretary, Government Of Chhattisgarh, Home Department, Mantralaya, Mahanadi Bhawan, Raipur (C.G.)
9. Smt. Hemin Baghe (Member Scheduled Tribe/Woman Representative) Of Departmental Promotion Committee) Under
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Secretary, Government Of Chhattisgarh, Agriculture Development And Farmer Welfare And Bio-Technology Department, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh
10. Shri Tirath Ram Sahu (Member Other Backward Caste Representative Departmental Promotion Committee) Under Secretary, Government Of Chhattisgarh Transport Department, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh
11. Dr. Shri K. K. Gupta Deputy Inspector General, Prisons And Correctional Services Chhattisgarh, Head Quarter Prisons And Correctional Services Chhattisgarh, Raipur, Chhattisgarh
12. Mokhanath Pradhan Assistant Superintendent Of Prison, Central Jail Ambikapur, Chhattisgarh
13. Balmiki Dhruv, Assistant Superintendent Of Prison, Sub Jail Pendraroad, District : Gaurela-Pendra-Marwahi, Chhattisgarh
---- Respondents
For Petitioner : Mr. R. R. Soni, Advocate For State/R-1 to 3 : Mr. Amrito Das, Addl. Advocate General For Respondent no.3 : Mr. Anand Mohan Tiwari, Advocate
Hon'ble Shri Justice P. Sam Koshy
Order On Board
06.05.2022
1. The petitioner seems to be aggrieved of the action on the part of the respondents in keeping the recommendation of the DPC so far as the petitioner is concerned for promotion from the post of Assistant Superintendent of Prison to the post of Deputy Superintendent of Prison in a sealed cover.
2. During the course of hearing, learned counsel for petitioner concedes the fact that the petitioner is facing a departmental enquiry and the departmental enquiry is still going on against the petitioner.
3. Given the fact that the petitioner concedes the pending disciplinary
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proceedings against him, the action on the part of the respondents in placing the recommendation so far as the petitioner’s prospects in a sealed cover, cannot be held to be bad in any manner. The petitioner would have a right to raise his claim for the said promotional post subject to the outcome of the said departmental enquiry.
4. With the aforesaid observation, the writ petition stands disposed of.
Sd/-
(P. Sam Koshy) Judge
Khatai
1 issue framed by the court
Whether a sealed cover recommendation for promotion is maintainable during pending disciplinary proceedings.
1 provisions across 1 enactments
Shatruhan Prasad Kurrey
State Of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
