NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.117 of 2024 Sheo Narayan Dansena Son of Late Ishwar Chandra Dansena, now aged about 62 years, Resident of Palace Road, Koshta Para (near Saraswati Pratima), Raigarh, Tahsil and District Raigarh (CG)

---- Appellant Versus

1. The Registrar General, High Court of Chhattisgarh, Bilaspur (CG)

2. The District & Sessions Judge, Raigarh, District Raigarh (CG)

3. The Additional Registrar (D.E.), High Court of Chhattisgarh, Bilaspur (CG)

4. Chhattisgarh Madhyamik Shiksha Mandal, Raipur, through its Secretary, Pension Bada, Raipur (CG)

5. M.P. Madhyamik Shiksha Mandal, Bhopal, through its Secretary, Bhopal (M.P.)

---- Respondents Cause-title taken from Case Information System For Appellant : Mr.Raghvendra Pradhan, Advocate For Respondents No.1 to 3 : Mr.Anurag Dayal Shrivastava, Advocate For Respondents No.4 & 5 : Mr.R.S.Patel, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

04 .03 .2024

1. Heard Mr.Raghvendra Pradhan, learned counsel for the appellant as well as Mr.Anurag Dayal Shrivastava, learned counsel for respondents No.1 to 3 and Mr.R.S.Patel, learned counsel for respondents No.4 and 5 on I.A.No.01/2023, which is an application for condonation of delay in filing the appeal as the same has been filed with a delay of 16 days.

2. Considering the grounds mentioned in I.A.No.01/2023, same is allowed and delay of 16 days in filing the appeal is condoned.

3. Also heard the learned counsel for the parties on admission.

4. The appellant has filed this writ appeal against the order dated 11.12.2023 (Annexure A-1) passed by the learned Single Judge in WPS No.4657 of 2012, by which the learned Single Judge has dismissed the writ petition filed by the writ petitioner / appellant herein.

5. Brief facts of the case as projected by the appellant are that the appellant was initially appointed in the District and Sessions Court, Raigarh (C.G.) on 17.11.1988 as Lower Division Clerk. On 22.11.1988, the appellant joined the services and since then, he performed his duties with sincerity and in due course of time, he was promoted to the post of Assistant Grade-II. On 01.10.2008 (Annexure P/3 of writ petition), an order of suspension came to be served upon the appellant, preferring to a preliminary enquiry held by the competent authority on the basis of complaint by one Shri Gopal in the year 2005 stating that as per respondent No.4 the Higher Secondary School Certificate furnished by the appellant was not found correct on verification which amounts to a serious misconduct on the part of the appellant.

6. In furtherance to the above, a charge-sheet dated 17.10.2008 (Annexure P/4 of writ petition) was issued against the appellant wherein it was alleged that the appellant had furnished a fake higher secondary school marksheet for securing the employment. Subsequent to which, a letter dated 03.11.2008 (Annexure P/5 of writ petition), the appellant denied the charges inflicted upon him and requested for personal hearing. Thereafter, the enquiry proceeding was initiated against the appellant and through a letter dated 03.02.2010 (Annexure P/8 of writ petition) enclosing the copy of the enquiry report dated 02.02.2010, the appellant was proposed to show cause within 15 days. Pursuant to the same, the appellant gave his reply dated 19.02.2010 (Annexure P/9 of writ petition). Thereafter, the disciplinary authority passed an order of major punishment of dismissal from service vide order dated 22.02.2010 (Annexure P/2 of writ petition) and further held that the appellant would not be entitled for any pension, death-cum-retirement gratuity, leave encashment and balance medical bills. Against the said order of termination from service, the appellant preferred an appeal before respondent No.1 which was dismissed vide order dated 20.07.2012 (Annexure P/1 of writ petition). Thereafter, the appellant herein preferred writ petition