Lakhan Lal Patel vs State Of Chhattisgarh
2021 Latest Caselaw 1562 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                WPCR No. 472 of 2021
• Lakhan Lal Patel S/o Late Shri Onkar Patel, Aged About 40 Years Occupaion- Town
  Inspector- Police, Presently Posted As Town Inspector Katghora Police Station, R/o D-9,
  Balco, Korba, District- Korba, Chhattisgarh, District : Korba, Chhattisgarh
                                                                            ---- Petitioner
                                        Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Home Naya Raipur,
   Mantralaya, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
2. Inspector General Of Police, Baster Range, Lalbagh, Jagadalpur, District- Bastar,
   Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh
3. Senior Superintendent Of Police, Jagadalpur, District- Bastar, Chhattisgarh, District :
   Bastar(Jagdalpur), Chhattisgarh
                                                                       ---- Respondents

04.08.2021

Mr. Shashank Thakur, Counsel for the Petitioner.

Mr. Gurudev I. Sharan, G. A. for the State.

Learned counsel for the petitioner would submit that petitioner is

presently working as Sub-Inspector of Police and posted at Padnabhapur

District Durg, CG.

The petitioner has filed this present petition against the

memorandum dated 12.01.2021 (Annexure P-4) and the issuance of

charge-sheet by the State. The background of the case is that petitioner

was working as Sub-Inspector at Police Station Kotwali District Bastar

and FIR under Sections 420, 467,468 and 471 of IPC was registered in

the Police Station Kotwali. After investigation the final report was

submitted and criminal case was registered as criminal case

No.691/2016.

The learned trial Court after appreciating the evidence and material on record has acquitted the accused but while acquitting the

accused the learned trial Court has made certain adverse allegations

against the petitioner in Paragraph 20 of its judgment. Thereafter, on the

basis of judgment, the State has issued memo on 06.11.2020 by which

the preliminary enquiry has been conducted and thereafter charge-sheet

has been issued to the petitioner on 14.01.2021.

The learned counsel for the petitioner would submit that issuance

of charge-sheet and memo for initiation of departmental enquiry without

giving any opportunity of hearing is against the judgment passed by this

Court in WPCR No.276/2015 in case of Lambodar Patel Vs. State of CG

and WP No.2135/2003 in case of Rajkumar Dewangan Vs. State of CG

and others. The co-ordinate Bench of this Court has already held that

without issuance of show cause notice, the learned trial Court should

have not made any adverse remark against the petitioner and the State

Authority should have also not initiated enquiry without giving any

opportunity of show cause. This is in violation of principle of natural

justice. The case is arguable.

Heard on admission.

Admit.

Also heard on application for grant of interim relief.

Considering the facts and circumstances of the case, the fact that

no opportunity of hearing was given to the petitioner by the learned trial

Court as well as by the State before issuance of charge-sheet to the

petitioner, the manner in which the proceedings initiated against the

petitioner, which is in violation of natural justice, It is directed that the

departmental enquiry in pursuance of charge-sheet dated 14.01.2021 shall remain stayed, till the next date of hearing.

State is directed to file return.

List this case after four weeks.

Sd/-

(Narendra Kumar Vyas)

Judge

Parul