2023 Supreme(Chh) 493
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL, JJ.
Akhtar Abbas, S/o. Late Syed Mazhar Abbas - Appellant
Versus
Chhattisgarh Lok Aayog, Through its Secretary & Ors. - Respondents
Writ Appeal No. 427 of 2020
Decided On : 24-07-2023
For the Appellant : Mr. Syed Majid Ali.
For the Respondents:Mr. Pragalbha Sharma, Mr. Amrito Das, Additional Advocate General.
Headnote:
Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 – Chhattisgarh Lok Aayog Adhiniyam, 2002 – Resultant proceeding – Industrial Training Institute – Writ appeal – Held, Court are of considered opinion that finding recorded by learned Single Judge that writ petition suffers from delay and laches and it is only show cause notice which has been issued to the petitioner in accordance with Act of 2002, is contrary to facts and law available on record – Consequently, impugned order passed by learned Single Judge is hereby set aside and subsequently, order only to extent of appellant herein / writ petitioner, is also hereby set aside – Court has not expressed any opinion on merits of matter and observation has been made only for deciding writ appeal and this Court has not made any observation with regard to other persons or who are not party to this proceeding – Writ appeal allowed.
ORDER :
Sanjay K. Agrawal, J.
1. This writ appeal is directed against the impugned order dated 20-10-2020 whereby and whereunder, the petitioner's (appellant herein) writ petition – W.P.(S)No.4191/2020 has been dismissed by the learned Single Judge finding no merit.
2. The aforesaid challenge arises in the following factual backdrop:–
3. The writ appellant herein is presently working and holding the post of Principal at Industrial Training Institute, Korba. In the year 2010, a recruitment process was carried out by the Department of Skill Development and Technical Education, Government of Chhattisgarh, for filling up the posts of Training Officer in various Industrial Training Institutes in the State of Chhattisgarh which was completed in the year 2013. However, one of the unsuccessful candidates made a complaint before respondent No.1 – Chhattisgarh Lok Aayog that one Mr. A.K. Soni, who was the head of the Selection Committee, has not followed the applicable rules for recruitment on the said post and some ineligible candidates were called for interview. The said complaint was registered as Case No.43/2014 in the said complaint case, on 10-9-2014, order Annexure P-3 (in the writ petition) was passed by the Lok Aayog that against Mr. A.K. Soni, Joint Director-cum-former Director, and against the other concerned persons, misconduct is duly proved and a direction was issued to the State Government for initiation of departmental inquiry forthwith and inform to the Lok Aayog about the resultant proceeding within three months. Thereafter, on 16-9-2015 (Annexure P-4 in the writ petition), the matter was again taken up by the Lok Aayog and the Lok Aayog issued notice with show cause to the writ petitioner / writ appellant herein vide letter dated 18-9-2015 (Annexure P-5 in the writ petition). The aforesaid show cause notice was replied by the writ petitioner vide letter dated 30-9-2015 (Annexure P-6 in the writ petition). However, nothing could be heard thereafter from the petitioner and result of the proceeding was not informed to the petitioner. However, the State Government issued charge-sheet to the petitioner on 18-3-2016 on the basis of direction dated 10-9-2014 issued by the Lok Aayog and ultimately, on 20-9-2018, the State Government decided to institute departmental inquiry against the petitioner in accordance with the provisions contained in the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 on the basis of direction / order dated 10-9-2014 passed in Complaint Case No.43/2014.
4. Against the order dated 20-9-2018, the writ appellant herein had already preferred a writ petition – W.P.(S) No.3053/2019 which was pending consideration separately, however, on 15-9-2020, the writ appellant herein had preferred W.P.(S) No.4191/2020 questioning the order dated 10-9-2014 and the entire proceeding before this Court, which has been dismissed by the learned Single Judge summarily holding that the Lok Aayog has not passed any observation till date and the petitioner / writ appellant herein has been served with notice by the Lok Aayog and the writ petition filed by the petitioner suffers from delay & laches, as the petitioner has been served with notice by the Lok Aayog only on 18-9-2015 and the writ petition has been preferred on 15-9-2020 against which this writ appeal has been preferred.
5. Mr. Syed Majid Ali, learned counsel appearing for the writ appellant herein, would submit that the Lok Aayog is a recommendatory body and before issuing show cause notice dated 16-9-2015 to the writ appellant, imperative direction dated 10-9-2014 to the State Government to hold departmental inquiry and inform the Lok Aayog within three months from the date of order has already been passed by the Lok Aayog therefore, the show cause notice dated 16-9-2015 is a foregone conclusion and once the Lok Aayog has already applied i