Disposed

Dashrath Lal Kanwar v. State of Chhattisgarh

Chhattisgarh HC9 Sept 2024WPS/6826/2018

Case brief

AI extract

What is this about?

Assistant Grade-II employees challenged rejection of their objections to four questions in the Sub-ordinate Accounts Service Part II limited departmental examination, seeking fresh results and promotion. An expert committee examined the disputed questions. The court quashed the orders rejecting objections as cryptic and remitted them for fresh decision with personal hearing within 60 days.

What did the court decide?

Orders rejecting objections quashed; matter remitted to authority to decide objections afresh after personal hearing, with objective order directed within 60 days.

Dashrath Lal Kanwar Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

1 / 10

2024:CGHC:35179

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 5052 of 2018

¶6

Ku. Kalyani Vijay Laxmi Banjare D/o Shree Taplal Banjare, Aged About 35 Years R/o Room No. 75, Sector-1, Kashiram Nagar, Raipur (Chhattisgarh)., District : Raipur, Chhattisgarh

¶7

---- Petitioner

¶8

versus

¶9

1 - State Of Chhattisgarh Through- Its Secretary, Finance Department, Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶10

2 - Director, Directorate Of Treasury Account And Pension, Indravati Bhawan, Block- A, First Floor, Naya Raipur, District- Raipur Chhattisgarh.

¶11

3 - Additional Director, Directorate Of Treasury Account And Pension, Indravati Bhawan, Block- A, First Floor, Naya Raipur, District- Raipur Chhattisgarh.

¶12

---- Respondents

¶13

with

¶14

WPS No. 5183 of 2018

¶15

Suresh Kumar Dwivedi S/o Shri Tulsi Ram Dwivedi Aged About 43 Years Sub Inspector (A) In Office Of Police Headquater, Naya Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

¶16

---- Petitioner

¶17

Versus

¶18

1 - The State Of C.G. Through Secretary Finance Department Mahanadi Bhawan Naya Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

¶19

2 - Directorate Treasury Account And Pension Department 1st Floor Block A Indrawati Bhawan Nay Raipur, Chhattisgarh

¶20

3 - Accountant General (Lekha/hakdari) Vidhan Sabha Road Zero Point Raipur, Chhattisgarh

¶21

---- Respondents

¶22

with

¶23

WPS No. 5528 of 2018

¶24

Naresh Kumar Hedau S/o C.D. Hedau Aged About 44 Years Assistant Grade - Iii, R/o Q. No. H-16, Panchsheel Nagar, Civil Lines, Behind Chhattisgarh Club, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶25

---- Petitioner

¶26

Versus

¶27

1 - The State Of Chhattisgarh Through Secretary Finance Department Mahanadi

¶28

2 / 10

¶29

Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶30

2 - Directorate Treasury Account And Pension Department 1st Floor Block A Indirawati Bhawan Naya Raipur Chhattisgarh.

¶31

3 - Accountant General (Lekha / Hakdari) Vidhansabha Road Zero Point Raipur Chhattisgarh.

¶32

Respondents

¶33

with

¶34

WPS No. 6809 of 2018

¶35

Girish Kumar Sen S/o Shree Late Lakhan Lal Sen Aged About 34 Years R/o House No. 322, M I G , Sec-1, Pandit Dendayal Upadhayay Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶36

---- Petitioner

¶37

Versus

¶38

1 - State Of Chhattisgarh Through Its Secretary Finance Department Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶39

2 - Director Directorate Of Treasury Account And Pension, Indravati Bhawan, Block A First Floor, Naya Raipur, Raipur Chhattisgarh.

¶40

3 - Additional Director Directorate Of Treasury Account And Pension, Indravati Bhawan, Block- A First Floor, Naya Raipur, Raipur Chhattisgarh.

¶41

Respondents

¶42

with

¶43

WPS No. 6901 of 2018

¶44

Naresh Ram S/o Late Mohar Sai Aged About 40 Years Working As Assistant GradeI I , Treasury Office- Balrampur, Presently Posted At Sub Treasury OfficeRamanujganj, District- Balrampur- Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh

¶45

---- Petitioner

¶46

Versus

¶47

1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶48

2 - Director Treasury , Account And Pension, Indrawati Bhavan, Mantralaya, Naya Raipur, District- Raipur Chhattisgarh.

¶49

3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur, District Raipur Chhattisgarh.

¶50

Respondents

¶51

with

¶52

WPS No. 6826 of 2018

¶53

Dashrath Lal Kanwar S/o Late Panchram Kanwar Aged About 45 Years Working As Assistant Grade - Ii, Department Of Irrigation, Presently Posted At Rampur, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

---- Petitioner

3 / 10

Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

¶58

2 - Director Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.,

¶59

3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh.

¶60

---- Respondents

¶61

with

¶62

WPS No. 8009 of 2018

¶63

Amar Singh Bisen S/o Late Shri Ramprasad Singh Bisen, Aged About 52 Years R/o Ward No. 1, Amapara, Rajim, Teh- Rajim, District Gariyaband, Chhattisgarh, District : Gariyabandh, Chhattisgarh

¶64

---- Petitioner

¶65

Versus

¶66

1 - State Of Chhattisgarh Through Its Secretary, Finance Department, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶67

2 - Directorate Of Treasury, Accounts And Pension, Through Its Director, Indravati Bhawan, Block-A, First Floor, Atal Nagar, Raipur Chhattisgarh

¶68

3 - Additional Director, Directorate Of Treasury, Accounts And Pension, Indravati Bhawan, Block-A, First Floor, Atal Nagar, Raipur Chhattisgarh

¶69

4 - Accontant General (A And E) Chhattisgarh, Baloda Bazar Road, Zero Point, Raipur, District Raipur Chhattisgarh

¶70

---- Respondents

¶71

with

¶72

WPS No. 6902 of 2018

¶73

C.L. Sandhilya S/o Shri Hariram Sandhilya, Aged About 49 Years Working As Assistant Grade-Iii, Water Resource Division, Baikunthpur, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh

¶74

---- Petitioner

¶75

Versus

¶76

1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

¶77

2 - Director, Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

¶78

3 - Account General, Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Raod, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh

¶79

---- Respondents

¶80

with

¶81

WPS No. 858 of 2019

¶82

D.K. Singh S/o Late Shridheer Singh Aged About 53 Years Presently Posted As

¶83

4 / 10

¶84

Assistant Grade-Ii At Office Of The Collector (Land Records) Bastar (C.G.), R/o Avantika Clony Quarter No. F/1 Jagdalpur, District- Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

¶85

---- Petitioner

¶86

Versus

¶87

1 - State Of Chhattisgarh Through Its Secretary Finance Department Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

¶88

2 - Director Directorate Of Treasury Account And Pension Indravati Bhawan, BlockA First Floor, Naya Raipur, District- Raipur, Chhattisgarh.

¶89

3 - Additional Director Directorate Of Treasury Account And Pension Indravati Bhawan, Block-A First Floor, Naya Raipur, District- Raipur, Chhattisgarh.

¶90

---- Respondents

¶91

with

¶92

WPS No. 1077 of 2019

¶93

Puran Lal Tati S/o M.R. Tati Aged About 37 Years Presently Posted As Assistant Grade - I, At District Treasury, District Sukma, R/o Village - Balood, District And Tahsil Dantewada Chhattisgarh, District : Dantewada, Chhattisgarh

¶94

Petitioner

¶95

Versus

¶96

1 - State Of Chhattisgarh Through Its Secretary, Finance Department Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶97

2 - Director Directorate Of Treasury Account And Pension, Indrawati Bhawan, Block - A, First Floor, Naya Raipur, Raipur Chhattisgarh.

¶98

3 - Additional Director Directorate Of Treasury Account And Pension, Indrawati Bhawan, Block - A, First Floor, Naya Raipur, Raipur Chhattisgarh.

¶99

---- Respondents

¶100

with

¶101

WPS No. 1454 of 2019

¶102

Samru Ram Markam S/o Asha Ram Markam Aged About 40 Years Working As Assistant Grade - I, Government College, Keshkal, District Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh

¶103

---- Petitioner

¶104

Versus

¶105

1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶106

2 - Director Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

¶107

3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar, Road, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh.

---- Respondents

5 / 10

with

WPS No. 7932 of 2019

¶112

Jagannath Prasad Sao S/o Shri Bhagwat Prasad Sao Aged About 46 Years R/o G- 3, Board Office Campus, Pensionbada, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶113

---- Petitioner

¶114

Versus

¶115

1 - State Of Chhattisgarh Through Its Secretary, Finance Department, Mahanadi Bhawan, Nava Raipur Atal Nagar, Distrcit Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶116

2 - Directorate Of Treasury Accounts And Pension, Through Its Director, Indravati Bhawan, Block A, First Floor, Nava Raipur Atal Nagar, Raipur Chhattisgarh.

¶117

3 - Additional Director Directorate Of Treasury, Accounts And Pension, Indravati Bhawan, Block -A, First Floor, Nava Raipur Atal Nagar, Raipur Chhattisgarh.

¶118

4 - Accountant General (A And E), Chhattisgarh, Baloda Bazar Road, Zero Point, Raipur, District Raipur, Chhattisgarh.

¶119

---- Respondents

¶120

with

¶121

WPS No. 6863 of 2018

¶122

Jai Singh Sandhilya S/o Shri Hariram Sandhilya Aged About 46 Years Working As Assistant Grade- I, District Treasury Office- Balrampur, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh

¶123

---- Petitioner

¶124

Versus

¶125

1 - State Of Chhattisgarh Through The Secretary, Department Of Finance , Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶126

2 - Director Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

¶127

3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur, District Raipur Chhattisgarh.

¶128

---- Respondents

¶129

For Petitioners	: Mr. Abhishek Vinod Deshmukh, Advocate Mr. Shobhit Koshta, Advocate Mr. Harshmander Rastogi, Advocate along with Ms. Nidhi Yadav, Advocate
For Respondents	: Mr. Satish Gupta, G. A.(State) Mr. Raj Kumar Gupta, Advocate(O/o Accountant General)

¶130

Hon’ble Shri Justice Rakesh Mohan Pandey

¶131

Judgment On Board

¶132

6 / 10

¶133

10/09/2024

¶134

1. The above captioned Writ Petitions involve common questions of law and facts therefore, they were heard together and are being disposed of by this common order.

¶135

2. In these petitions, the petitioners have prayed for a direction to the respondent authorities to grant the benefit of marks against four questions and further declare the result afresh. It is also prayed that the petitioners may be granted promotion w.e.f. 20.12.2017 i.e. the date on which the result was declared.

¶136

3. The facts, in a nutshell, are that the petitioners were holding the post of AG-II in various departments and were discharging the duties of accountants in their respective departments. The Accountants, who had passed the Sub-ordinate Accounts Service (Departmental) Exam Part I could participate in the limited departmental examination of Part II. In this regard, an advertisement was issued on 27.04.2017. The Petitioners, who were eligible, participated in the limited departmental examination which was scheduled between 08.08.2017 and 14.08.2017. The syllabus for the said examination was also issued by the Additional Director, Directorate of Treasury, Accounts & Pension. The candidates had to appear in five papers. After the written examination, the model answer key was published and the result was declared on 20.12.2017. The Petitioners could not qualify as they secured lesser marks than the selected candidates. The Petitioners raised objections before the competent authority on the following dates:-

¶137

7 / 10

¶138

Petitioners	Date of Representation(s)
Ku. Kalyani Vijay Laxmi Banjare	19.06.2018
Suresh Kumar Dwivedi	03.05.2018 & 09.04.2018
Naresh Kumar Hedau	12.04.2018, 02.05.2018 & 09.05.2018
Girish Kumar Sen	26.04.2018 & 21.05.2018
Dashrath Lal Kanwar	---------------
Jai Singh Sandhilya	---------------
Naresh Ram	---------------
C.L. Sandhilya	---------------
Amar Singh Bisen	05.03.2018,23.03.2018, 05.04.2018, 11.06.2018 & 31.10.2018
Puran Lal Tati	---------------
D.K. Singh	---------------
Samru Ram Markam	29.11.2018
Jagannath Prasad Sao	---------------

¶139

Specific objections were raised regarding questions 2(A), 4(iv), 6(A) & (B) carrying 10 marks each in Paper V - कम्पनीलेखे, एवंस्टोर निनयंत्रण (स्नातकस्तर). Disputed questions are reproduced herein below:-

¶140

Question 2(A)

¶141

On 1st January 2008 Santosh limited issued 20000 5% debenture for 10 year for 100 year of Rs. 100 on the condition that debenture could be redeemed by the company at a premium of 2% by Giving 6 month notice at any time after 5 year either by payment of cash or by allotment of shares or by other debenture according to the option of the debenture holder on 1st march 2013 Santosh Limited informed to the debenture holders about redemption of the debentures on 1st September 2013 either by cash or by allotment of 8% preferences shares of Rs. 100 each at Rs. 120 per share or by issuing 4% debentures of Rs. 100 each at Rs 98 each. Holder 4000 debenture accepted 8% preferences share. Holder of 9800 debentures accepted the 4% debenture rest claimed each. Pass necessary Journal entries for the redemption of

¶142

8 / 10

¶143

debenture for the redemption of debentures in the books of Santosh Limited

¶144

Question 4(iv)

¶145

कंपनीकाअवसायनएवंनि�वाला (परिरमापन)

¶146

Question 6(A)

¶147

X लिलनिमटेडकाजनरेटरसेटहैऔरवहइससेपॉवरउत्पानि�तकरताहै। पावरलागतकेआंकड़ेनिनम्नप्रकारहै:

¶148

हास*पावरघंटे	उत्पा�नि	्निवभाग	सेवानिवभाग
	A B		X Y
क्षमताउत्पा�न	10000	20000	12000 8000
जुलाईकेमाहमेंउपयोग	8000	13000	7000 6000

¶149

जुलाईकेमाहमेंपावरउत्पानि�तकरनेकीलागत 9300 रुथीजिजसमेसे 25 रुकीस्थिस्थरलागतमानीगयी।सेवानिवभाग X 13:6:1 में A और B कोसेवाएंप्र�ानकरताहैजबनिक Y निवभाग A और B को 31:3 मेंसेवाएं प्र�ानकरताहै I A और B निवभागमेंप्रत्यक्षश्रमलागत 1650 घंटेऔर 2175 घंटेनि�एगएहै।इन�ोनोंनिवभागमेंप्रत्यक्षमेंप्रतितश्रमघंटापावर लागतज्ञातकीजिजये।

¶150

Question 6(B)

¶151

सामान्यक्षयस्क्रैपकेरूप 10 प्रतितशतहैजो 5 रुप्रतितइकाईकी�रसेबेचा जाताहैA शेषइकाइयोंकीलागतज्ञातकीजिजयेऔरखता�शा*इए A.

¶152

This Court vide order dated 01.09.2022 directed the respondents to constitute a committee to examine the question Nos. 2(A), 4(iv), 6(A) & (B) and their answers. The report of the expert committee has been filed as an additional affidavit on 15.12.2022. According to the report of the expert body, it is apparent that the answer to Question 2(A) was partially incorrect but it could have been solved by the candidates. In question 4, the word "अवसायन" was used which is a synonym of "परिरसमापन”. In English, its meaning is “liquidation”. For

¶153

9 / 10

¶154

question 6(A), the expert body has stated that answers to questions 6(A) & (B) could be answered by the participants.

¶155

4. Learned counsels appearing on behalf of the respective petitioners jointly submit that question Nos. 1 to 7 were not as per the syllabus. It is further submitted that the questions as well as their answers in the model answer key were incorrect and this fact was brought to the notice of the respondent authorities but the same was not considered for the reasons best known to them. They also submit that objections raised were rejected in a cryptic manner without assigning sufficient reason. They contended that the petitioners require a personal hearing before such authority to explain the lacunae in the aforementioned questions and their answers. They pray that the orders passed by the Additional/Joint Director, Directorate of Treasury, Accounts & Pension, Raipur deserve to be quashed and the petitioners may be considered for promotion after publication of fresh results.

¶156

5. On the other hand, the learned counsels for the respective respondents oppose. They submit that this Court has no jurisdiction to entertain these petitions as the High Court is not an expert body to examine the veracity of the questions and their respective answers. They further submit that pursuant to a direction issued by this Court, an expert Committee was constituted and the issue has already been decided, therefore these petitions are liable to be dismissed.

¶157

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

¶158

10 / 10

¶159

7. From a perusal of the objections raised by the petitioners, it is apparent that some of the questions and their answers, as alleged are not correct. It is also alleged that question Nos. 1 to 7 were not as per the syllabus published by the respondent authorities. The objections raised by the petitioners have been rejected in a cryptic manner without assigning sufficient reason, therefore, without commenting anything on the merits of the case, the orders passed by the competent authority whereby the objections raised by petitioners have been rejected are hereby quashed and the matter is remitted back to the authority to decide the objections raised by the petitioners afresh after affording a personal hearing to the petitioners. The authority concerned is also directed to pass an appropriate order in an objective manner within an outer limit of 60 days from the date of receipt of a copy of this order.

¶160

8. It is made clear that any earlier order passed by the respondent authorities would not come in the way of deciding the representations/ objections of the petitioners.

¶161

9. With the aforesaid observation(s) & direction(s), these petitions stand disposed of .

¶162

Sd/Rakesh Mohan Pandey JUDGE

¶163

Ajinkya

Dashrath Lal Kanwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dashrath Lal Kanwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt.reena Dhruv Vs State Of Chhattisgarh And Ors.

Inderchand Dhariwal Vs Krishna Pathak and Another

Prof. Dr. T. Unnikrishnan Vs The Indira Kala Sangit Vishwavidyalay, Khairagarh

Jagannath Prasad Sao Vs State of Chhattisgarh

Naresh Ram Vs State of Chhattisgarh

D.K. Singh Vs State of Chhattisgarh