Chandra Prakash Dande Vs State of Chhattisgarh

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2025:CGHC:17127

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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Digitally signed by JYOTI JYOTI SHARMA SHARMA Date: 2025.04.16 10:30:57 +0530

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WPS No. 1593 of 2021

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1 Chandra Prakash Dande S/o Late Shri Sukhdas Aged About 51 Years Posted As - Sub-Auditor, Panchayat, Office Of Deputy Director Panchayat Dhamtari, R/o Village - Saloni, P.O.- Seoni, Block - Abhanpur, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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... Petitioner(s)

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versus

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1 State Of Chhattisgarh Through - Its Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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2 The Director Panchayat And Rural Development Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, Raipur, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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3 The Deputy Director Panchayat And Rural Development Department, Dhamtari, District - Dhamtari (Chhattisgarh), District : Dhamtari, Chhattisgarh

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2

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Shri A.N. Pandey, Advocate through V.C. For Respondent/ : Shri Ajit Singh, G.A.

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State

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Hon'ble Shri Bibhu Datta Guru, Judge

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Order on Board

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15.04.2025

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By the present writ petition, the petitioner is seeking following

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reliefs:-

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“ a. This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondent authorities for quashing the Departmental Enquiry Proceeding pending against the petitioner since 2006.

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b. May kindly be pleased to direct the respondent authorities for grant of consequential service benefits i.e. benefits of First and Second Higher Pay Scale/Time Bound Promotion and promotion to the next higher post as per the service rules applicable to the petitioner.

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C. May kindly be pleased to allow any other relief as the Hon'ble Court may be deemed fit and proper.

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d. Cost of petition may kindly be allowed.”

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The first relief is regarding quashing of departmental enquiry proceeding pending against the petitioner since 2006. It is submitted by both the parties that Departmental Enquiry has already been concluded and penalty has been imposed and the

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same is under Challenge in WPS No. 4840 of 2021, hence the 1^st relief sought for by the petitioner has become infructuous.

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As far as the 2^nd relief regarding the grant of consequential service benefits i.e. benefits of First and Second Higher pay scale/ Time bound promotion and promotion to the next higher post as the service rules applicable to the petitioner is concerned, the petitioner has approached the authority by filing representation i.e. Annexure P-6 dated 03.02.2021 before the Director, Panchyat & Rural Development.

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Learned counsel for the petitioner submits that though the petitioner has raised the grievance claiming benefit of time bound pay scale as well as the promotion to the next higher post by filing representation dated 03.02.2021 (Annexure P-6) but the same has not been decided till date.

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Learned State counsel submits that if the said representation is still pending, the same will be considered and decided in accordance with law within stipulated period of 60 days.

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I have heard learned counsel for the parties and perused the documents.

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It is not in dispute that the relief No. 1 sought by the petitioner has become infructuous, as the final order has been passed after conclusion of Departmental enquiry. As far as, the 2^nd relief i.e. grant of time bound pay scale is concerned, since the petitioner, who has worked as Sub Auditor, Panchayat under the Deputy Director Panchayat, has already filed representation dated

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03.02.2021 before the respondent No. 2, it is directed that the respondent No. 2 shall decide the same in accordance with law within a period of 60 days.

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