Chattisgarh High Court
Ajay Kumar Bajpai vs State Of Chhattisgarh on 28 July, 2025
1
2025:CGHC:36428
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCC No. 752 of 2025
1 - Ajay Kumar Bajpai S/o Shri Nandan Prasad Bajpai, Aged About 51 Years (Now
Aged About 61 Years) R/o F/ 2 Jailor Banglo, Jail Parisar, Central Jail Durg, Central
Jail, Durg, District Durg, Chhattisgarh,
... Applicant
versus
1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya,
Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh,
2 - The Director General, Jail And Correction Services, Chhattisgarh, Raipur, District
Raipur, Chhattisgarh
3 - S. P. Kurre, Assistant Jail Superintendent Deputy Jailer, Sub Jail, Bemetara,
District Bemetara, Chhattisgarh,
4 - The Assistant Inspector General/ Inquiry Officer, Headquarter, Jail And
Correction Services, Chhattisgarh, Raipur, Chhattisgarh
... Respondent(s)
For Applicant : Mr. S. C. Verma, Sr. Advocate along with Mr.
Goutam Khetrapal, Advocate
For State : Ms. M. Asha, Panel Lawyer
SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
28/07/2025
1. This MCC is filed seeking modification of the findings recorded in
paragraphs 9 and 10 of the order dated 27.02.2025 passed by this
Digitally
Court in Writ Petition (S) No. 2138 of 2016, whereby the charge sheet
signed
by
SHAYNA
KADRI dated 14.08.2014 and all consequential proceedings were quashed.
2. Facts of the case, in a nutshell, are that the petitioner was working as
Assistant Jail Superintendent at Central Jail, Durg, and was placed
under suspension on 26.06.2013 by Respondent No. 2 on the
allegation of unauthorized use of a mobile phone within jail premises,
with his headquarters fixed at Central Jail, Raipur. Subsequently, by
order dated 11.12.2013, his suspension was revoked and he was
directed to join at Sub-Jail, Bemetara, while Shri S.P. Kurre, the then
Assistant Jail Superintendent posted at Sub-Jail, Bemetara, was
transferred to Central Jail, Raipur. These transfer/posting orders were
issued by Respondent No. 2 without obtaining prior approval from
respondent No. 1 (State Government), as required under service rules.
On 10.02.2014, Respondent No. 2 stayed the transfer of Shri S.P.
Kurre, and since only one post of Assistant Jail Superintendent existed
at Sub-Jail, Bemetara, the petitioner remained without any posting.
Despite repeated representations dated 13.02.2014, 11.03.2014, and
19.03.2014, no appropriate posting order was issued. The petitioner
then filed Writ Petition (S) No. 1576/2014, which was disposed of with
liberty to submit a detailed representation. The petitioner accordingly
submitted a representation on 04.04.2014, which was not decided,
leading him to file Contempt Case No. 145/2014. Pursuant to notice,
respondent No. 1 cancelled the illegal transfer order on 23.06.2014
and the petitioner joined back at Central Jail, Durg on 05.07.2014.
Despite these circumstances, respondent No. 2 issued a charge sheet
dated 14.08.2014, alleging unauthorized absence from 12.12.2013 to
04.07.2014 and initiated departmental enquiry. The petitioner
challenged the same in Writ Petition (S) No. 2138/2016. This Court, by
order dated 27.02.2025, was pleased to quash the charge sheet and
observed in paragraphs 9 and 10 of the order that the enquiry was
vitiated as it was initiated by an incompetent authority under the Police
Manual.
3. Learned counsel for the applicant submits that this Court rightly
quashed the charge sheet by order dated 27.02.2025 in W.P. (S) No.
2138/2016. However, it is submitted that the findings recorded in
paragraphs 9 and 10 of the said order, holding that respondent No. 2
lacked authority under the Police Manual to initiate enquiry, may not
accurately reflect the contention of petitioner. The petitioner had
specifically challenged the jurisdiction of respondent No. 2 to issue
transfer/posting orders, not his authority to initiate disciplinary action.
Since the departmental proceedings were rooted in an illegal transfer,
the entire basis of the charge was vitiated. The petitioner, who is on the
verge of retirement, prays for modification of the said findings to
prevent any prejudice to his service record in the event of an appeal
being preferred by the State Government.
4. It is not in dispute that the posting order dated 11.12.2013 was
cancelled by the State Government on 23.06.2014 and that only one
post of Assistant Jail Superintendent existed at Sub-Jail, Bemetara,
thereby rendering the joining of petitioner there impossible. The
petitioner joined back at Central Jail, Durg on 05.07.2014 pursuant to
the cancellation of the illegal order. This Court has already held, in its
order dated 27.02.2025, that the entire departmental proceeding stood
vitiated. However, in the interest of justice, and to avoid any unintended
adverse implication on the service record of petitioner, particularly
when he is on the verge of retirement, it is deemed appropriate to
clarify and modify the relevant observations.
5. Accordingly, paragraphs 9 and 10 of the judgment dated 27.02.2025
shall stand substituted with the following:
"9. Upon examining the matter in light of the
aforementioned judgments and the
undisputed fact that the earlier transfer
order dated 11.12.2013 issued by
respondent No. 2 was subsequently set
aside by respondent No. 1 on the ground
that respondent No. 2 lacked the jurisdiction
to issue such a transfer order, it becomes
evident that the foundational action itself
was without authority.
10. While there is no dispute that
respondent No. 2 is otherwise competent to
initiate departmental proceedings against
the petitioner, in the present case, the
charge is based solely on the alleged failure
of petitioner to join in compliance with the
transfer order dated 11.12.2013. Since the
said transfer order was issued without
jurisdiction and later annulled by the
competent authority, the initiation of
departmental enquiry based on non-
compliance of such an invalid order is
legally untenable. As a result, the entire
disciplinary proceeding stands vitiated and
is liable to be set aside."
6. With the above modification, the application stands allowed. The rest of
the order dated 27.02.2025 shall remain unaltered.
Sd/-
(Amitendra Kishore Prasad)
Shayna JUDGE
