Jitendra Kumar Prasad Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Jitendra Kumar Prasad Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Limited relief only: the writ petition was disposed of with a request to the Appellate Authority (His Excellency, Hon'ble Governor, State of Chhattisgarh) to consider and decide the petitioner's pending appeal within a stipulated time, and with a direction to the petitioner's counsel to file a copy of the order and a copy of the appeal before the Appellate Authority. No merits adjudication of the punishment order dated 28.03.2023.

Issue for consideration

Whether a suitable writ/order/direction should issue commanding the respondents to decide the petitioner's appeal (Annexure P/1) against the punishment order dated 28.03.2023 (Annexure P/3), which had remained undecided since it was filed on 20.07.2023.

Court's answer

The Appellate Authority, i.e. His Excellency the Hon'ble Governor, State of Chhattisgarh, was requested to consider the appeal preferred by the petitioner and to decide it within a stipulated time, the said appeal having been pending since 20.07.2023.

Ratio / Principle

Learned counsel for the petitioner was directed to file a copy of the order along with a copy of the appeal before the Appellate Authority, so that the appeal would be decided within a short span of time.

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), WPS No. 1290 of 2024, decided 04.03.2025 (Amitendra Kishore Prasad, J.): A retired Principal, punished by order dated 28.03.2023 of respondent No.2 (Under Secretary, School Education Department) with recovery of Rs.2,18,160/, withholding of one increment and denial of allowances other than subsistence allowance, sought a direction for disposal of his departmental appeal pending since 20.07.2023 before His Excellency the Hon'ble Governor; an earlier appeal filed on 11.05.2023 before the Principal Secretary had been returned as non-acceptable on the ground that, the petitioner being a Principal, the appeal lay before the Governor. The writ petition was disposed of with a request to the Appellate Authority (Governor) to consider and decide the appeal within a stipulated time, and with a direction to the petitioner's counsel to file a copy of the order and the appeal before the Appellate Authority. No adjudication on the merits of the punishment.

Digitally signed by YOGESH YOGESH TIWARI TIWARI Date: 2025.03.06 10:57:12 +0530

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2025:CGHC:10530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1290 of 2024

Jitendra Kumar Prasad S/o Shri Ishwar Prasad Aged About 62 Years Retired Principal, R/o Quarter No. 302, B Block, Third Floor, Mans Midoes, Bharati Nagar, Bilaspur, P.S. Civil Lines Bilaspur, District : Bilaspur, Chhattisgarh

... Petitioner

versus

1 - State of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh

2 - The Under Secretary Govt. of Chhattisgarh, School Education Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh.

... Respondents

For Petitioner : Ms. Laxmeen Kashyap, Advocate For Respondents/State : Mr. Saumitra Kesharwani, P.L.

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

04.03.2025

1. Heard Ms. Laxmeen Kashyap, learned counsel for the petitioner and Mr. Saumitra Kesharwani, learned Panel Lawyer, appearing for the State/respondents.

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2. By filing this writ petition, the petitioner has prayed for following relief(s):-

“ 10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal;

10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction, commanding the respondents to decided the appeal (Annexure P/1) preferred by the petitioner against the order dated 28.03.2023 (Annexure P/3) as early as possible preferably within a period of 15 days or within any other suitable period; and

10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. ”

3. Brief facts of the case, are that, the petitioner is a retired Principal under School Education Department. On 20.01.2022, a departmental enquiry was initiated against the petitioner vide letter/notice dated 20.01.2022 issued by respondent No.2 and the petitioner was given charge-sheet with an allegation to the effect that while posting of the petitioner as Principal at Govt. Higher Secondary School Bakaruma, Block-Dharamjaigarh, District Raigarh, meeting of Shala Vikas Samiti was not called regularly and an excess amount of Rs.2,18,160/ was recovered from the students in Academic Session 2018-19 and 2019-20. The

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petitioner submitted reply to charge-sheet alleging that the meetings of Shala Vikas Samiti were convened regularly and no excess fee was recovered from students. In so far as the additional fees of Rs.150/- per student is concerned, the same was collected on approval of Shala Vikas Samiti and receipts were duly given to the payees. The amount of additional fee was spent in development works of the school under the supervision of Shala Vikas Samiti. After inquiry proceedings, inquiry report was submitted and thereafter, the petitioner filed his detailed reply to the enquiry report. On 28.03.2023, respondent No.2 has passed an order dated 28.03.2023, imposing punishment of recovery of Rs.2,18,160/ in addition to withholding of one increment and furthermore, it was held that the petitioner was not entitled to any allowance other than subsistence allowance.

4. Thereafter, on 11.05.2023, an appeal was preferred by the petitioner before the Hon'ble Principal Secretary, School Education Department and on 31.05.2023, the appeal was held to be nonacceptable by showing reason to the effect that the petitioner was on the post of Principal as such, the appeal had to be preferred before His Excellency, Hon'ble Governor vide letter dated 31.05.2023 issued by respondent No.2. On 18.07.2023, an appeal was preferred/sent through registered post by the petitioner before His Excellency, Hon'ble Governor, State of Chhattisgarh, challenging the order dated 28.03.2023 (Annexure P/3) passed by respondent No.2 and on 20.07.2023, one copy of appeal was

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submitted before the Secretariat of His Excellency, Hon'ble Governor.

5. Learned counsel for the petitioner submits that the petitioner has filed this writ petition with a limited prayer that his appeal which has yet not been decided till date may be directed to be decided as the same has been filed way back on 20.07.2023.

6. I have heard learned counsel for parties and perused the documents available with the writ petition.

7. Be that as it may, the Appellate Authority, i.e. His Excellency, Hon’ble Governor, State of Chhattisgarh is requested to consider the appeal preferred by the petitioner and decide the same within some stipulated time as the said appeal is pending since 20.07.2023.

8. Learned counsel for the petitioner is directed to file a copy of this order along with a copy of the appeal before the Appellate Authority, so that his appeal will be decided within a short span of time.

9. Accordingly, this writ petition stands disposed of with aforesaid observations/directions.

Sd/Sd/-

(Amitendra Kishore Prasad) Judge

Yogesh