Ram Kumar Sahu Vs State of Chhattisgarh

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1

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2025:CGHC:6107

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 188 of 2025

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1 - Ram Kumar Sahu S/o - Narayan Prasad Sahu Aged About 34 Years Presently Posted As Lecturer (E Cadre) Swami Atmanand English Medium School (Sages) Sarsiwa, Block Bilaigarh District SarangarhBilaigarh, Chhattisgarh

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P S And P O Rakhi, District Raipur, C.G. 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, C.G.

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3 - Collector Sarangarh-Bilaigarh, Disrict- Sarangarh-Bilaigarh, C.G.

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4 - District Education Officer Sarangarh-Bilaigarh, Disrict- SarangarhBilaigarh, C.G.

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--- Respondent(s)

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WPS No. 457 of 2025

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1 - Gangadhar Bairagee S/o Gurudev Aged About 32 Years Presently Posted As Lecturer Government Higher Secondary School Kosir Block Sarangarh District Sarangarh-Bilaigarh (Chhattisgarh)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur, (Chhattisgarh)

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Digitally NISHA signed DUBEY byNISHA DUBEY

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (Chhattisgarh)

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3 - Collector Sarangarh- Bilaigarh District Sarangarh-Bilaigarh (Chhattisgarh)

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2

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4 - District Education Officer Sarangarh-Bilaigarh District SarangarhBilaigarh Chhattisgarh

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--- Respondent(s)

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WPS No. 360 of 2025

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1 - Smt. Anamika Khatkar W/o Jitendra Khatkar Aged About 42 Years Presently Posted As Lecturer (L.B.) Swami Atmanand English Medium School (Sages) Sarsiwa Block Bilaigarh District Sarangarh- Bilaigarh (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur (C.G.)

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.)

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3 - Collector Sarangarh- Bilaigarh District Sarangarh- Bilaigarh (C.G.)

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4 - District Education Officer Sarangarh- Bilaigarh District SarangarhBilaigarh (C.G.)

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Respondent(s)

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WPS No. 238 of 2025

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1 - Yem Kumar Patel D/o Jageshwar Patel Aged About 30 Years Presently Posted As Lecturer Swami Atmanand English Medium School (Sages) Sarsiwa, Block Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P.S. And P.O Rakhi, District : Raipur, Chhattisgarh

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh.

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3 - Collector Sarangar-Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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4 - District Education Officer Sarangarh-Bilaigarh, District : SarangarhBilaigarh, Chhattisgarh

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Respondent(s)

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3

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WPS No. 426 of 2025

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1 - Dilip Kumar Shandey S/o Sapuran Lal Shandey Aged About 40 Years Presently Post As Lecturer, Government Higher Secondary School Malda A Block Sarangarh District Sarangarh- Bilaigarh (C.G.)

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Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Compex, Atal Nagar, Ps And Po Rakhi, District Raipur (C.G.)

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2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.)

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3 - Collector Sarangarh- Bilaigarh, District- Sarangarh- Bilaigarh (C.G.)

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4 - District Education Officer Sarangarh-Bilaigarh, District- SarangarhBilaigarh (C.G.)

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--- Respondent(s)

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WPS No. 436 of 2025

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1 - Narayan Prasad Sahu S/o Manrakhan Lal Sahu Aged About 34 Years Presently Posted As Lecturer, Government High School Rampur Block Bilaigarh District Sarangarh- Bilaigarh (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur (C.G.)

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2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.)

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3 - Collector Sarangarh- Bilaigarh, District Sarangarh- Bilaigarh (C.G.)

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4 - District Education Officer Sarangarh- Bilaigarh, District SarangarhBilaigarh (C.G.)

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--- Respondent(s)

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WPS No. 487 of 2025

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1 - Shiv Prasad Bharti (Impugned Order Mention As S.P. Bharti) S/o Ajit Ram Bharti Aged About 58 Years Presently Posted As In-Charge Principal Government Higher Secondary School Kosir Block Sarangarh District Sarangarh-Bilaigarh Chhattisgarh

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--- Petitioner(s)

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4

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur Chhattisgarh

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur Chhattisgarh

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3 - Collector Sarangarh-Bilaigarh District Sarangarh-Bilaigarh Chhattisgarh

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4 - District Education Officer Sarangarh-Bilaigarh District SarangarhBilaigarh Chhattisgarh

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--- Respondent(s)

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WPS No. 476 of 2025

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1 - Leelaram Kurre S/o Ramnivas Kurre Aged About 41 Years Presently Posted As Lecturer (Lb) Government Higher Secondary School Malda A Block Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P.S. And P.O Rakhi, District Raipur, Chhattisgarh.

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh.

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3 - Collector Sarangarh-Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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4 - District Education Officer Sarangarh-Bilaigarh, District : SarangarhBilaigarh, Chhattisgarh

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--- Respondent(s)

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WPS No. 513 of 2025

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1 - Vijay Kumar Patel S/o Gangaram Patel Aged About 48 Years Presently Posted As In-Charge Principal Government High School Rampur, Block Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P.S. And P.O. Rakhi, District : Raipur, Chhattisgarh

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2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh.

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3 - Collector Sarangarh-Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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4 - District Education Officer Sarangarh-Bilaigarh, District : SarangarhBilaigarh, Chhattisgarh

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--- Respondent(s)

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WPS No. 520 of 2025

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1 - Birendra Kumar Anant S/o Uvat Ram Anant Aged About 46 Years Presently Posted As In-Charge Principal Government Higher Secondary School Malda A Block Sarangarh District Sarangarh Bilaigarh Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P.S. And P.O. Rakhi, District Raipur Chhattisgarh.

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh.

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3 - Collector Sarangarh Bilaigarh District Sarangarh Bilaigarh Chhattisgarh.

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4 - District Education Officer Sarangarh Bilaigarh District Sarangarh Bilaigarh Chhattisgarh.

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--- Respondent(s)

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WPS No. 583 of 2025

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1 - Bharat Lal Kurre S/o Shishram Kurre Aged About 54 Years Presently Posted As In-Charge Principal Swami Atmanand English Medium School (Sages) Sarsiwa Block Bilaigarh District Sarangarh-Bilaigarh (Chhattisgarh)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur, Chhattisgarh

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh

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3 - Collector Sarangarh-Bilaigarh District Sarangarh-Bilaigarh, Chhattisgarh

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4 - District Education Officer Sarangarh-Bilaigarh District Sarangarh-

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Bilaigarh, Chhattisgarh

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--- Respondent(s)

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WPS No. 588 of 2025

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1 - Shyam Kumar Jangde S/o Bhajan Lal Jangde, Aged About 49 Years Presently Posted As In-Charge Principal Government Higher Secondary School Gorba Block Bilaigarh District Sarangarh-Bilaigarh (C.G.)

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-- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur, (C.G.)

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2 - Director, Directorate Of Public Instructioon Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.)

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3 - Collector, Sarangarh-Bilaigarh District Sarangarh-Bilaigarh, (C.G.)

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4 - District Education Officer, Sarangarh-Bilaigarh District SarangarhBilaigarh, (C.G.)

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--- Respondent(s)

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WPS No. 366 of 2025

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1 - Smt. L. Lakra W/o Yugal Kumar Aged About 49 Years Presently Posted As Lecturer (L.B) Swami Atmanand English Medium School (S.A.G.E.S.) Sarsiwa Block Bilaigarh, District Sarangarh-Bilaigarh, C.G.

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-- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P.S. And P.O. Rakhi, District Raipur, C.G.

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2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, C.G.

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3 - Collector Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh, C.G.

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4 - District Education Officer Sarangarh-Bilaigarh, District SarangarhBilaigarh, C.G.

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--- Respondent(s)

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WPS No. 814 of 2025

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1 - Shyam Kumar Patel (Impugned Order Mention As S.K. Patel) S/o Late Ramdas Patel Aged About 49 Years Presently Posted As Lecturer (Lb) Government Higher Secondary School Kosir Block Sarangarh District

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Sarangarh-Bilaigarh (C.G.)

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur, (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.)

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3 - Collector Sarangarh-Bilaigarh District Sarangarh-Bilaigarh, (C.G.)

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4 - District Education Officer Sarangarh-Bilaigarh District SarangarhBilaigarh, (C.G.)

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--- Respondent(s)

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For the Petitioner : Mr. Mateen Siddiqui, Advocate. For State : Mr. Suyash Dhar Badgaiyan, Dy. Govt. Advocate.

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S.B.: Hon'ble Shri Amitendra Kishore Prasad, Judge

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Order On Board

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03/02/2025

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As the common issue is involved in the above writ petitions, they are being heard together and are disposed of by this common order. For the sake of convenience WPS No...188/2025 is taken as lead case and the facts of the same are being referred for the purpose of this order.

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Challenge in these writ petitions is to the order dated 19.12.2024 by which the District Education Officer, District Sarangarh Bilaigarh has imposed penalty of withholding of one annual increment with non-cumulative effect on the petitioners herein and further directed that if any similar is found to have been committed by them in future, stern action will be taken against them.

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Learned counsel for the petitioner submits that the District Education Officer has committed an apparent error while passing the impugned order. He submits that in Para-3 of the Circular dated 13.8.2024 issued by the State Government, it

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has been clearly stated that if any action is required to be taken against the teachers in whose school results were below 30%, then they be directed to submit explanation and if the explanation is not found satisfactory, then a proposal is required to be sent to the State Government for taking action against the concerned teacher. However, in the present case no such proposal has been sent to the State Government and directly the order of punishment has been passed by the District Education Officer, which is perse illegal. He also placed reliance upon the Chhattisgarh School Education Services (Educational and Administrative Cadre) Rules, 2019 to submit that the appointing and Disciplinary authority of the petitioners i.e. Lecturers, is the Director of the said department and as such, if any punishment order is required to be passed against them, it is to be passed by the Director and not by the District Education Officer.

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On the other hand, learned State counsel submits that respondent No.4 after taking disciplinary action against the petitioner, vide order dated 27.12.2024 forwarded the entire case with records to the Director Public Education Raipur for disciplinary action. Further submitted that the letter dated 27.12.2024 clearly reflects that the impugned order dated 19.12.2024 has yet not been executed and it has been forwarded for approval to respondent No.2.

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Heard learned counsel for the parties and perused the documents available in record of writ petition including impugned order.

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Petitioner, who is working as Lecturer, has been served with a show-cause notice dated 8.11.2024 calling upon him to submit explanation as to why Board’s result of his school for the academic year 2023-24 was less than 30%. Petitioner submitted reply to show-cause notice which was not found satisfactory and vide order impugned, Annexure P-1, the

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District Education Officer imposed penalty of withholding of one annual increment with non-cumulative effect.

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As per the provisions of Rule 12 (a) of CG Civil Services (Classification, Control & Appeal) Rules, 1966, any of the penalties specified in Rule 10 may be imposed on a member of the State Civil service by the appointing authority or the authority specified in the Schedule in this behalf or by any other authority empowered in this behalf by a general or special order of the Governor.

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The State Government enacted the rules relating to recruitment to the Chhattisgarh School Education Services known as ‘Chhattisgarh School Education Services (Educational and Administrative Cadre) Rules, 2019’ and as per Entry No.22 of the Schedule I of the Rules of 2019, the post of Lecturer is a Class-II Gazetted post, and the Director is the appointing authority. Thus, it is apparent that the Director, Public Instructions Chhattisgarh is the competent to appoint and therefore, is also the Disciplinary Authority for the posts of Lecturer.

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Perusal of the order impugned imposing penalty of stoppage of one annual increment with non-cumulative effect on the petitioner, who is working as Lecturer, would show that it is passed by the District Education Officer, who is not the appointing authority of the petitioner. As per the Rules of 1966 as also the Rules of 2019, the authority competent to pass order of punishment is the Director being the appointing authority, as prescribed in the Rules of 2019, and as such, the order impugned passed by the District Education Officer, who is not the competent authority, is not sustainable.

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The Coordinate Bench of this Court while dealing with almost identical issue in WPS No.454/2022 (Dilip Singh Kshatriya vs. State of CG & ors) has observed thus:-

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“5.Further, the contention of the petitioner is that the

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District Education Officer is not competent to pass the order of imposing minor penalties as he is a second class gazetted officer. The appointing authority for the petitioner is Director, Public Instruction who is competent authority to impose any penalty as per the rules.

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The State has filed their return and made an attempt to justify the action. It has been contended in the return that looking to the misconduct of the petitioner he was suspended on 10.07.2013, departmental enquiry was conducted and the charges have been found proved. The collector has conducted detail enquiry, thereafter, impugned order has been passed by the District Education Officer which is legal and just and does not warrant interference by this Court but there is no explanation with regard to the competency of the District Education Officer to inflict punishment to the petitioner who is gazetted officer.

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As per the provisions of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 and various circulars issued by the government of Chhattisgarh, it is evident that lecturer is class II gazetted officer and appointing authority is Director, Public Instruction. It is well settled position of law that the person who is appointing authority can impose punishment, therefore, the competent authority to impose punishment is Director, Public Instruction.

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As such the impugned order Annexure P/1 is bad in law and is accordingly set aside on the count of incompetency of the officer concerned who has passed the order. However, quashing of the order

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on the count of incompetency of the District Education Officer of withholding one increment without cumulative effect does not debar the competent authority to pass a fresh order in accordance with law if exigency so arises.

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With the above observation, the present writ petition is allowed.”

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In view of the above, the writ petitions are allowed. The impugned order dated 19.12.2024 is hereby set aside. However, it is made clear that the respondents are at liberty to proceed against the petitioners in accordance with law.

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Sd/-

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( Amitendra Kishore Prasad) Judge

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Nisha

Ram Kumar Sahu v. State of Chhattisgarh

Case brief

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Ram Kumar Sahu v. State of Chhattisgarh

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