Quashed

Netram Chandrakar v. State Of Chhattisgarh and Ors.

Chhattisgarh HC17 Sept 2024WPS/2239/2014

Case brief

AI extract

What is this about?

A departmental appeal against punishment of stoppage of two increments was decided by the disciplinary authority rather than the Chief Secretary and dismissed cryptically without considering the grounds raised. The High Court quashed the appellate order and remitted the appeal for fresh decision within 90 days.

What did the court decide?

Appellate order dated 03.04.2014 quashed; appeal of 06.01.2014 remitted to the Chief Secretary to be decided afresh after hearing, preferably within 90 days.

Netram Chandrakar Vs State Of Chhattisgarh and… — Service and Employment | Chhattisgarh HC (2024)

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Digitally signed by REKHA SINGH

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2024:CGHC:36522

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2239 of 2014

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Netram Chandrakar S/o Nathuram Chandrakar Aged About 49 Years In Charge C.M.O. Bilaigarh, Ps Bilaigarh, Presently Posted As Acting C.M.O. Nagar Pachayat Kurud, Distt Dhamtari, Civil And Revenue Distt Dhamtari, Cg, Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Nagariya Prashask and Vikas, Mahanadi Bhawan, Raipur, Cg , Chhattisgarh

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2 - Director Department Of Nagariya Prashask and Vikas, Mahanadi Bhawan, Raipur, Distt Raipur, Cg

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3 - Joint Secretary, Department Of Nagariya Prashask and Vikas, Regional Office, Raipur, Distt Raipur, Cg

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4 - Under Secretary, Department Of Nagariya Prashask and Vikas, Directorate, Raipur, Dist Raipur, Cg

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.. Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Shailendra Dubey, Advocate along with Mr. Rohan Sharma, Advocate For State : Mr. Atanu Ghosh, Dy. G.A.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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18.09.2024

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The petitioner has filed this petition seeking the following relief(s) :

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“ 10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate order/direction/writ commanding the respondents to quash the impugned orders dated 09.12.2013 (Annexure P/1) and order dated 03.04.2014 (Annexure P/2) and also to direct the respondent authorities to ask his subordinate authority i.e. Directory, Town and Country Planning to strike of the adverse entry relating to the petitioner, in the service book as well as in the confidential report.

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10.2 That, the petitioner also prays and submits that the direction be given to the respondent authorities not to use any break in the promotion of the petitioner.

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10.3 That the Hon’ble Court be further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice and fair play.”

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Mr. Dubey, the learned counsel appearing for the petitioner submitted that at the relevant time, the petitioner was posted to the post of Chief Municipal Officer, Nagar Panchayat Bilaigarh (C.G.) in the year 2013. He further submitted that the article of charge was issued making certain allegations with regard to floating of tender and the financial irregularities. He submitted that an inquiry was conducted and punishment of stoppage of two increments with cumulative effect was inflicted vide order dated 09.12.2013 by the Additional Secretary, State of Chhattisgarh, Urban Administration and Development Department, who was the disciplinary authority. He further argued that an appeal was preferred before the Chief Secretary, State of Chhattisgarh, Urban Administration and Development Department, Raipur (C.G.) on 06.01.2014 but it was decided by the disciplinary authority i.e. the Additional Secretary, State of Chhattisgarh, Urban

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Administration and Development Department on 03.04.2014. He also contended that though the various grounds were raised by the petitioner in the memo of appeal but those grounds were not considered and in a cryptic manner, the appeal was dismissed. He also submitted that the order passed in appeal dated 03.04.2014 is liable to be quashed on two grounds; first, it has not been passed by the competent authority and the second, it is a cryptic order as no reason has been assigned.

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On the other hand, Mr. Ghosh, the learned Deputy Government Advocate appearing for the State would oppose the submissions made by Mr. Dubey. He submitted that the order in appeal has been passed by the competent authority. He further submitted that the appellate authority concurred with the findings recorded by the disciplinary authority and thus, dismissed the appeal preferred by the petitioner, therefore, the present petition deserves to be dismissed.

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I have heard the learned counsel appearing for the parties and perused the documents placed on record.

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Admittedly, the petitioner at the relevant time was posted to the post of Chief Municipal Officer, Nagar Panchayat Bilaigarh (C.G.) in the year 2013 and article of charge was issued against the petitioner. A departmental inquiry was conducted wherein, the disciplinary authority i.e. the Additional Secretary, State of Chhattisgarh, Urban Administration and Development Authority vide order dated 09.12.2013 inflicted punishment of stoppage of two increments with cumulative effect. The petitioner preferred a departmental appeal before the Chief Secretary of the Department on 06.01.2014 but the

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same was decided by the Additional Secretary, State of Chhattisgarh, Urban Administration and Development Department on 03.04.2014.

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The order dated 03.04.2014 would reveal that the authority concerned has not considered the grounds raised by the petitioner in departmental appeal and in a cryptic manner, the appeal was dismissed.

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Taking into consideration the fact that the order in appeal has not been passed by the competent authority and secondly it has been passed in a cryptic manner, therefore, the order dated 03.04.2014 is hereby quashed. The matter is remitted back to the appellate authority i.e. the Chief Secretary, State of Chhattisgarh, Urban Administration and Development Department, Raipur (C.G.) to decide the appeal preferred by the petitioner on 06.01.2014 afresh after affording due opportunity of hearing to the petitioner.

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As the appeal was preferred on 06.01.2014, therefore, the concerned Authority is directed to pass an appropriate order taking into consideration all the grounds raised by the petitioner in the memo of appeal, preferably within a period of 90 days from the date of receipt of a copy of this order.

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With the aforesaid observation(s), the present petition is disposed of . Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Netram Chandrakar v. State Of Chhattisgarh and Ors.

Case brief

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Netram Chandrakar v. State Of Chhattisgarh and Ors.

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