Smt. Pushpa Kamal Vs State of Chhattisgarh

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2026:CGHC:21372

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 3959 of 2026

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Smt. Pushpa Kamal W/o- Sant Ram Kawar Aged About 43 Years Working As Assistant Teacher (L.B.) (Promoted As Headmaster ) Block Korba R/o- 50, Kawar Mohalla Ward No. -06, Village Dhelwadih District- Korba C.G.

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. Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through- Its Secretary, Department Of School RAHUL Education Mahanadi Bhawan, Atal Nagar, Nawa Raipur District -Raipur C.G. JHA Digitally signed by RAHUL JHA 2 - Director, Directorate Of Public Instruction, Indravati Bhawan, Atal Nagar, Date: 2026.05.08 13:06:31 +0530 Nawa Raipur District Raipur C.G.

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3 - District Collector, Korba District Korba C.G.

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4 - District Education Officer, Korba District Korba C.G.

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5 - Blocka Education Officer, Korba District Korba C.G.

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6 - Sanjay Kumar Agarwal Block -Education Officer Korba District -Korba C.G. (Presenting Officer In The Departmental Enquiry Against The Petitioner),

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Respondent(s)

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(Cause-title taken from Case Information System)

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For Petitioner(s) : Mrs. Juhi Jaiswal, Advocate For Respondent(s) : Mr. Suyashdhar Badgaiya, GA

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Hon'ble Shri Justice Bibhu Datta Guru

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Order on Board

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07/05/2026

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By the present Writ Petition, the petitioner has sought the following

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reliefs:-

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(i) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quashing the entire disciplinary proceedings and subsequent proceedings against the petitioner arising therefrom, being illegal, arbitrary, and violative of Articles 14 and 16 of the Constitution of India;

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(ii) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders setting aside the order dated 27/02/2026 quashing the transfer order dated 27/02/2026, being arbitrary and punitive in nature; further direct the respondent authorities to reinstate the petitioner in service on her original post/place of posting i.e., Primary School Bankheta, District Korba (C.G.);

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(iii) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders issue an appropriate writ, order or direction declaring the appointment of Respondent No.06 as Presenting Officer to be illegal and vitiated on account of bias and mala fides; (iv) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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Learned counsel for the petitioner submits that though disciplinary enquiry has been initiated against the petitioner and a charge-sheet has been issued by the disciplinary authority, the same has not been served upon the petitioner till date, thereby preventing her from submitting reply as well as effectively participating in the disciplinary proceedings. It is further submitted that despite repeated requests, neither the chargesheet nor the relevant documents have been furnished to the petitioner.

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Per contra, learned State counsel submits that since the petitioner was not found at the place of posting, the charge-sheet was forwarded to her through WhatsApp message. He further submits that if the petitioner is willing to accept the charge-sheet, the same shall be duly served upon

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her within a period of seven days at her present place of posting i.e., Primary School, Bankheta, Block Education Korba (C.G.).

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

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Considering the submissions made by learned counsel for the parties and without commenting upon the merits of the case, this Court is of the opinion that the ends of justice would be served if the petitioner is provided with a copy of the charge-sheet so as to enable her to participate in the disciplinary proceedings and submit an effective reply thereto.

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Accordingly, respondent No.5/Block Education Officer is directed to serve the charge-sheet along with relevant documents upon the petitioner at her present place of posting i.e., Primary School, Bankheta, Block Education Korba (C.G.) within a period of seven days from today. Upon receipt of the same, the petitioner shall be at liberty to submit her reply before the competent authority in accordance with law.

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It is made clear that this Court has not expressed any opinion on the merits of the allegations levelled against the petitioner and all issues are left open to be considered by the competent authority in accordance with law.

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With the aforesaid observations and directions, the present Writ Petition stands disposed of.

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Sd/- (Bibhu Datta Guru) Judge

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Rahul/

Smt. Pushpa Kamal v. State of Chhattisgarh

Case brief

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Smt. Pushpa Kamal v. State of Chhattisgarh

Case brief

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