A government ITI principal sought promotion and conclusion of a pending departmental enquiry before his September 2024 retirement. The State stated the enquiry was concluded with only the final order awaited. The High Court disposed of the writ petition directing the respondents to pass the final order in accordance with law within 45 days.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.544 of 2024
---- Petitioner
Versus
---- Respondents
(Cause-title, as taken from CIS System)
For Petitioner : Mr. Uttam Pandey, Advocate
For Respondents : Mr. Suyashdhar Diwan, Dy. G.A.
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
13.02.2024
“10.1. That, this Hon’ble Court may kindly be pleased to
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call for the entire records pertaining to the case of petitioner from the office of the respondents by issuing a writ of certiorari.
10.2. That, after perusal of records further be pleased to command the respondents and issue a writ of mandamus directing the respondents to promote the petitioner to the next higher post from the due date.
10.3. That in case the outcome of the departmental enquiry is mandatary, this Hon’ble court may be pleased to order the respondents to conclude the enquiry with in 30 days keeping in view the short period of tenure which is going to expire on 30.09.2024, as well as keeping in view the exoneration of Shri Saroj Kumar Verma.
10.4. That, in case the enquiry is not concluded with in the period stipulated by his Hon’ble Court, this Hon’ble Court be pleased to direct the respondents that the enquiry would be deemed to be as quashed and there after the petitioner be promoted to the next higher post.
10.5. Any other further relief deemed justified under the circumstance of the case may kindly be granted.”
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this petition is disposed of directing the respondent authority to pass a final order with regard to the departmental enquiry, which is pending against the petitioner within an outer limit of ‘ 45 days’ from today in accordance with the relevant rules and law applicable to the case of petitioner.
Sd/(Arvind Singh Chandel) Judge
Abhigya.S
1 issue framed by the court
Should the State be directed to pass a final order in the petitioner's pending departmental enquiry within a fixed time, given his impending retirement?
P.N. Sinha
State of Chhattisgarh Through Secretary, Skill Development Technical Education And Employment Department
Secretary, General Administration Department
Secretary, Public Service Commission
Director, Directorate Of Employment And Training
The Departmental Enquiry Commissioner, Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
