Santosh Kumar Rathore v. State of Chhattisgarh

Chhattisgarh HC19 Apr 2026WPS/8525/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; WPS No. 8525 of 2024; Santosh Kumar Rathore; termination of service on conviction in Crime No. 12 of 1988; acquittal in appeal Crime No. 521 of 1997, judgment dated 26.06.2023; backwages for period out of service; release of entire retiral dues; representation dated 21.12.2023 and 15.02.2024; Director, Directorate of Social Welfare, Chhattisgarh; direction to decide representation within three months; writ petition disposed; Parth Prateem Sahu, Judge; order dated 20.04.2026.

What did the court decide?

Direction to respondent No. 2 to consider and take decision on the petitioner's representations dated 21.12.2023 and 15.02.2024 in accordance with law, expeditiously, preferably within a further period of three months from the date of receipt of the Order. ¶¶27

Santosh Kumar Rathore Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Grant of backwages to the petitioner for the period he was kept out of service following termination based on his conviction. +2 more

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Ratio / Principle

The writ petition is disposed of directing respondent No. 2 to consider and take decision on the petitioner's representations dated 21.12.2023 and 15.02.2024, in accordance with law, expeditiously, preferably within a further period of three months from the date of receipt of the Order.

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Key takeaways

The Court recorded that the department had not initiated any proceedings before terminating the petitioner's service; the termination was based on the trial Court's judgment of conviction, and the petitioner was subsequently acquitted from the charges in an appeal by the High Court.ratio¶¶26

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Parth Prateem Sahu, Judge), WPS No. 8525 of 2024, order dated 20.04.2026. Petitioner Santosh Kumar Rathore's services were terminated on the basis of his conviction by the trial Court in Crime No. 12 of 1988, without any departmental proceedings; he was subsequently acquitted by the High Court in appeal bearing Crime No. 521 of 1997 vide judgment dated 26.06.2023. His representations dated 21.12.2023 and 15.02.2024 before respondent No. 2 (Director, Directorate of Social Welfare) remained pending; the writ petition sought backwages for the period he was kept out of service and release of the entire retiral dues. With the State counsel raising no objection to the limited prayer, the Court disposed of the petition directing respondent No. 2 to consider and take decision on both representations in accordance with law, expeditiously, preferably within three months from receipt of the Order.

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2026:CGHC:17841

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 8525 of 2024

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Santosh Kumar Rathore S/o Chinta Mani Rathore Aged About 70 Years R/o Durga Das Rathore Chowk, Ward No. 03, Jaitahari, , P.S. Jaitahari, District : Anuppur, Madhya Pradesh

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, Department Of Social Welfare, Mantralaya, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

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2 - The Director Directorate Of Social Welfare, Chhattisgarh State Source Centre Campus Mana, Camp, Mana, District : Raipur, Chhattisgarh

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... Respondent(s)

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For Petitioner : Ms. Shrijita Kesharwani, Advocate For Respondents : Mr. Sahil Singh, P.L.

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HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE

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ORDER ON BOARD

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20.04.2026

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1. Petitioner has filed this writ petition seeking following reliefs.

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“10.1. The Hon'ble Court may kindly be pleased to call for entire records pertaining to the matter.

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10.2. The Hon'ble Court may kindly be pleased to issue an appropriate writ or

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suitable direction, order to the respondent authorities to grant the backwages for the period petitioner was kept out of service

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10.3 The Hon'ble Court may kindly be pleased to direct/order the respondent authorities to release the entire retiral dues payable to the petitioner without any further delay.

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10.4. The Hon'ble Court may kindly be pleased to direct the respondent to consider the grievance of the petitioner and decide the same within a limited time frame.

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10.5. The Hon'ble Court may kindly be pleased to allow any other relief as deem fit and proper.”

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2. Learned counsel for petitioner submits that petitioner was implicated in criminal case bearing Crime No. 12 of 1988. Trial Court convicted the petitioner based upon which respondent department has terminated services of the petitioner. She also contended that thereafter, in an appeal preferred bearing Crime No. 521 of 1997, High Court vide its judgment dated 26.06.2023 acquitted the petitioner from the charges. Petitioner thereafter had submitted representation before respondent No. 2 which till date is pending consideration, therefore, direction be issued to respondent No. 2 to consider and take decision on the representation dated 21.12.2023, at the earliest, within specified time frame.

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3. Counsel for the State submits that in view of the limited prayer made by counsel for the petitioner, he is having no objection.

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4. On due consideration of the submissions made by learned counsel for the parties and further considering that the department has not initiated any proceedings before terminating the service of the petitioner, but for for termination is based on the judgment of conviction of the trial Court and subsequently, petitioner has been acquitted from the charges in an appeal by High Court, the writ petition is disposed of directing respondent No. 2 to consider and take decision on the representation submitted by the petitioner dated 21.12.2023 and 15.02.2024, in accordance with law, expeditiously preferably within a further period of three months from the date of receipt of the Order.

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5. Accordingly, this writ petition is disposed of with the aforesaid observation and direction.

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Sd/-

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(Parth Prateem Sahu)

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JUDGE

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Saurabh

Santosh Kumar Rathore v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Santosh Kumar Rathore 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

Procedural history

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