Bhisma Kumar Patel vs Judge, Commercial Court
2022 Latest Caselaw 2146 Chatt

                                      1
                                                                WA No. 179 of 2022


                                                                         NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

  (Arising out of order dated 17.3.2022 passed by learned Single Judge in WPS
                                 No.1791 of 2022)

                           WA No. 179 of 2022

    Bhisma Kumar Patel S/o Maniram Patel Aged About 27 Years
     Peon, Commercial Court, Atal Nagar, Naya Raipur, District-
     Raipur (C.G.)
                                                               ---- Appellant
                                  Versus
   1. Judge, Commercial Court Atal Nagar, Naya Raipur, District-
      Raipur (C.G.)
   2. State Of Chhattisgarh Through- The Principal Secretary Law,
      Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur
      (C.G.)
   3. High Court Of Chhattisgarh Through- Registrar General Bodri,
      Bilaspur (C.G.)
                                                          ---- Respondents


For Appellant                     :- Mr. T.K. Jha, Advocate
For Respondents No.1 & 3          :- Mr. Ravindra Agrawal, Advocate
For Respondent-State              :- Mr. H.S. Ahluwalia, Dy.A.G.


                Hon'ble Shri Justice Goutam Bhaduri

               Hon'ble Shri Justice N.K. Chandravanshi
                        Judgment on Board

Per Goutam Bhaduri, J.

05/4/2022

1. Heard.

2. Challenge in this appeal is to the order dated 17.3.2022

passed by the learned Single Judge in WPS No.1791 of

2022 [for the sake of convenience, the parties hereinafter

would be referred as per their description in WPS], wherein

WA No. 179 of 2022

the charge sheet dated 30.10.2021 and appointment of Enquiry

Officer dated 15.7.2021 is sought to be quashed which was

dismissed by the learned Single Judge.

3. The learned Single Bench while dismissing the petition has

observed that the petitioner shall be permitted to take all the

necessary defence in his support before the Disciplinary

Authority and also observed that the Disciplinary Authority shall

provide a fair and reasonable opportunity to the petitioner to put

up his defence and thereafter take an appropriate decision in the

disciplinary proceeding with due compliance of principles of

natural justice.

4. In view of such observation, when the charge sheet has already

been issued, the petitioner shall be at liberty to take all the

necessary defence and shall also be provided with all the fair

and reasonable opportunities in compliance of principle of

natural justice, we do not deem it proper that any interference is

required.

5. With the aforesaid observation, the writ appeal stands disposed

of.

              SD/-                                   SD/-

      (Goutam Bhaduri)                      (N.K. Chandravanshi)
          Judge                                     Judge



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