Disposed¶35

Sanjay Kumar Netam v. State of Chhattisgarh

Chhattisgarh HC9 Jul 2026WPS/5037/2026

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPS No. 5037 of 2026; decided 10.07.2026 by Bibhu Datta Guru, J. Assistant Drug Controller suspended 10.02.2026 under Rule 9(1)(a), Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966; suspension beyond ninety days without review; charge memo 16.04.2026; representation 13.05.2026 for revocation pending; petition disposed of with direction to respondent No. 1 to decide representation preferably within 30 days; no opinion on merits.

What did the court decide?

Direction to respondent No. 1 to consider and decide the petitioner's representation dated 13.05.2026 in accordance with law, on its own merits, expeditiously, preferably within 30 days from receipt of a copy of the order; writ petition disposed of with the aforesaid observation and direction. ¶35

Sanjay Kumar Netam Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's suspension, continuing beyond expiry of more than ninety days without any review or fresh continuation order despite commencement of the departmental enquiry, should be revoked and the petitioner reinstated with consequential service and monetary benefits. +1 more

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Ratio / Principle

Without expressing any opinion on the merits of the case, the Court disposed of the petition with a direction to respondent No. 1 to consider and decide the petitioner's representation (Annexure P-6) dated 13.05.2026 in accordance with law, on its own merits, expeditiously, preferably within 30 days from receipt of a copy of the order.

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Key takeaways

The Court expressly did not express any opinion on the merits of the petitioner's claim; the competent authority is to take an independent decision strictly in accordance with law.ratio¶34

Detailed headnote1 paragraphs

Service matter — suspension of an Assistant Drug Controller under Rule 9(1)(a) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (order dated 10.02.2026); charge-memo served 16.04.2026 and departmental enquiry commenced; suspension continued beyond ninety days without review; representation dated 13.05.2026 for revocation pending before the competent authority. High Court of Chhattisgarh (Bibhu Datta Guru, J.) disposed of the writ petition without expressing any opinion on merits, directing respondent No. 1 to consider and decide the representation (Annexure P-6) in accordance with law, on its own merits, expeditiously, preferably within 30 days from receipt of a copy of the order, the competent authority to take an independent decision strictly in accordance with law.

CGHC010252182026

2026:CGHC:28847

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5037 of 2026

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Digitally signed bySHOAIB SHOAIB ANWAR ANWAR Date:2026.07.13 10:16:57 +0530

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Sanjay Kumar Netam S/o Shri Pyarelal Aged About 41 Years Assistant Drug Controller, Office Of The Deputy Director, Food And Drug Administration , District Raipur Resident Of Anandam World City, Kachna Road, Raipur, Tehsil And District- Raipur Chhattisgarh492014

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Public Health And Family Welfare Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District- Raipur Chhattisgarh

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Digitally signed bySHOAIB SHOAIB ANWAR ANWAR Date:2026.07.10 17:40:47 +0530

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2 - The Controller Food And Drug Administration Indrawati Bhawan, Mantralaya, Nava Raipur Atal Nagar, District- Raipur Chhattisgarh

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3 - Under Secretary Department Of Public Health And Family Welfare Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District- Raipur Chhattisgarh

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Shri Pankaj Singh, Advocate For Respondent(s) : Ms. Apurva Nigam, Panel Lawyer

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Hon’ble Shri Bibhu Datta Guru, Judge Order on Board

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10.07.2026

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The present writ petition has been filed by the petitioner

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seeking following reliefs :-

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“a. issue an appropriate writ, order or direction commanding the Respondents to revoke the suspension of the Petitioner and to reinstate him in service forthwith with all consequential service and monetary benefits;

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b. issue an appropriate writ, order or direction commanding the Respondents to release and pay to the Petitioner the salary and/or subsistence allowance due to him for the entire period of suspension, together with interest;

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c. grant such other and further relief(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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Learned counsel for the petitioner submits that the petitioner, while working as Assistant Drug Controller, was placed under suspension vide order dated 10.02.2026 under Rule 9(1)(a) of the Chhattisgarh Civil Services (Classification, Control and

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Appeal) Rules, 1966. It is submitted that the charge memorandum has already been served upon the petitioner on 16.04.2026 and the departmental enquiry has commenced;

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however, despite expiry of more than ninety days, the suspension has continued without any review or passing of a fresh order for its continuation. Learned counsel further submits that the petitioner has already submitted a representation dated 13.05.2026 seeking revocation of the suspension order, but the same is still pending consideration before the competent authority. He, therefore, prays that a direction be issued to the concerned authority to consider and decide the said representation within a stipulated period.

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Learned State counsel submits that if the representation submitted by the petitioner is pending consideration, the same shall be examined and decided by the competent authority in accordance with law, keeping in view the applicable circulars/ instructions of the State Government as well as the law laid down by the Hon'ble Supreme Court, within a reasonable period.

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Heard learned counsel for the parties and perused the material available on record.

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Considering the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, this petition is disposed of with a direction to respondent No. 1 to consider and decide the petitioner's representation (Annexure P-6) dated 13.05.2026 in accordance with law, on its own merits, expeditiously, preferably within a period of 30 days from the date of receipt of a copy of this order.

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It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and the competent authority shall take an independent decision strictly in accordance with law.

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With the aforesaid observation and direction, the writ petition stands disposed of.

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Sd/-

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(Bibhu Datta Guru) JUDGE

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Shoaib

Sanjay Kumar Netam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Netam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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