NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10793 of 2019 • Pushpanjali Dadar W/o Late Shri Ravikant Dadar Aged About 62 Years Retired Project Officer, Women And Child Development Department, Resident Of Lig - 32, Indravati Colony, Raipur, District Raipur Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Women And Child Development Department Mahanadi Bhawan , Secretariat, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

2. The Director Women And Child Development Department Directorate, Indrawati Bhawan, Atal Nagar, New Raipur, District :

Raipur, Chhattisgarh

3. The Collector District Durg Chhattisgarh

4. The Collector District South Bastar Dantewada, District :

Dantewada, Chhattisgarh

5. The Programme Officer Integrated Child Development Scheme, District South Bastar Dantewada, District : Dantewada, Chhattisgarh

6. The Office Of The Principal Accountant General Chhattisgarh, Zerp Point, Baloda Bazar Road, P.O.- Vidhan Sabha, Raipur, Distt. Raipur, C.G. Pin- 492 005.

---- Respondents For Petitioner : Shri Samir Behar, Advocate For Respondent No.1 to 5 : Shri Topilal Bareth, Advocate For Respondent No.6 : Shri Raj Kumar Gupta, Advocate Hon’ble Shri Justice Arvind Kumar Verma

Order On Board

30/04/2024 The present writ petition has been filed by the petitioner claiming for the following reliefs:

I. The the Hon’ble Court may kindly be pleased to set aside/quash the departmental enquiry No. 33/2010 pending against the petitioner pursuant to the charge sheet dated 15.01.2007.

2. That the Hon’ble Court may kindly be pleased to direct the respondent authorities to provide the benefits of pay scale according to recommendations of Sixth Pay Commission and unpaid time bound pay scale with all other consequential monetary benefits.

3. That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.

4. The the Hon’ble Court may kindly be pleased to direct the respondent No.6 to release and grant unpaid General Provident Fund (GPF) amount to the petitioner after due calculation with interest @

15% per annum.

5. That the Hon’ble Court may be pleased to direct the respondents to pay the interest on all the retiral dues @ 15% per annum to the petitioner.

2. Facts of the case in brief are that the petitioner has retired after attaining superannuation from the post of Project Officer under the Women and Child Development Department (respondent No.5) on August 2019.

3. It is the case of the petitioner that due to departmental enquiry, the suspension order was passed by the District Collector against the petitioner on 30.12.2006. The said order was contrary to the Rule 9 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. In continuation to the said suspension order, subsequently, charge sheet was issued and after a lapse of two years i.e. on

02.03.2009, the suspension order had been revoked by the respondent No.1/Under Secretary, Government of Chhattisgarh and the petitioner was transferred from ICDS Gurur, District Durg to ICDS Sukma, District Dantewada. However, in the said order it was mentioned that the Departmental enquiry of the petitioner would be continued.

4. Learned counsel for the petitioner submits that the departmental enquiry has been initiated against the petitioner on 15.01.2007, the charge sheet and list of witnesses was served to the petitioner and thereafter additional charge sheet was also served upon the petitioner on 30.04.2007 and it has not been concluded till date even after her retirement. He submits that the respondent No.3 has not provided relevant documents pertaining to the departmental proceedings to the petitioner till date. Subsequently, the matter was sent to the Office of the Collector, District South Bastar, Dantewada and after the formation of District Sukma, DE of the petitioner was sent to the Inquiry Officer, Collectorate, District Sukma. He submits that