Citation : 2025 Latest Caselaw 3702 Chatt
Judgement Date : 25 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 9343 of 2025
1 - S.A. Ali S/o Late Shri Nawab Ali Aged About 67 Years Retired Forest Range
Officer, R/o House No. 325, Aman Nagar, Mowa Police Station Mowa Tahsil And
District Raipur Chhattisgarh
... Petitioner(s)
versus
1 - State of Chhattisgarh Through The Secretary, Forest Department, New
Mantralaya, Mahanadi Bhawan New Raipur Atal Nagar, Raipur, District - Raipur
Chhattisgarh
2 - The Principal Chief Conservator Of Forest Chhattisgarh, Aranya Bhawan,
Sector 19, Atal Nagar, New Raipur, District - Raipur Chhattisgarh
3 - The Additional Chief Conservator Of Forest Chhattisgarh, Aranya Bhawan,
Sector-19, Atal Nagar, New Raipur, District - Raipur Chhattisgarh
4 - The Chief Conservator Of Forest Raipur Circle, Raipur Chhattisgarh
5 - Enquiry Officer Cum Divisional Forest Officer Mahasamund Division Ma-
hasamund, Distt - Mahasamund Chhattisgarh
... Respondent(s)
Order on Board
25/08/2025 Shri R.S. Patel, Advocate for the Petitioner.
Shri Mayur Khandelwal, Panel Lawyer for the State. Learned counsel for the State prays for and is granted four weeks time to file reply in the matter.
Also heard on IA No.01/2025 which is an application for grant of interim relief.
Learned counsel for the petitioner would submit that the petitioner was retired from the post of Deputy Ranger on 30.04.2021 and after about four years of his retirement, charge-sheet has been served upon him on 27.02.2025 initi-
ating Departmental Enquiry (DE) against the petitioner alleg- ing that while he was in service, certain financial irregulari- ties were committed by him. He would further submit that the alleged incident is prior to more than four years, and as per Rule 9 B(ii) of the Chhattisgarh Civil Services Pension rules, 1976, no DE can be initiated which is alleged to be more than four years prior to issuance of the charge-sheet. He would also submit that he could file relevant vouchers ob- tained by the department, which clearly shows that the al- leged incident is prior to more than four years, from issuance of charge-sheet to the petitioner, therefore, the charge- sheet itself is bad in law. Learned counsel relies upon the judgment of Hon'ble Supreme Court in the matter of Punjab State Power Corporation Ltd., Patiala and others Vs Atma Singh Grewal, (2014) 13 SCC 666, in support of his submis- sion.
Considering the submissions of learned counsel for the petitioner, purely as an interim measure, further proceed- ing pursuant to charge-sheet dated 27.02.2025 issued by the respondent department shall remain stayed till the next date of hearing.
List this case after four weeks Sd/-
(Ravindra Kumar Agrawal) Judge
Inder
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