2024:CGHC:44843 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6244 of 2014

1 - Jameel Ahmed S/o Late Shri Abdul Sattar Aged About 56 Years, Occupation Assistant Grade -3, O/o Zone No. 01 Municipal Corporation, Water Tank Campus, Khamtarai Distt.

Raipur R/o Near Irani Dera, City Station Pandri Raipur, CG ---- Petitioner versus

1 - State Of Chhattisgarh through the Secretary, Urban Administration & Development Department, Mantralaya Mahanadi Bhawan New Raipur, Chhattisgarh

2 - Commissioner, Municipal Corporation Raipur, Distt. Raipur C.G.

3 - Appeal Committee Municipal Corporation Raipur C.G.

---- Respondents (Cause-title taken from the Case Information System)

For Petitioner :- Mr. Raghvendra Pradhan, Advocate For State/Respondent No.1:- Mr. Pankaj Singh, Panel Lawyer For Respondent Nos.2&3 :- Mr. H.B. Agrawal, Senior Advocate along with Mr. Akshat Agrawal, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal

Order On Board

18.11 .2024

1. This writ petition is directed against order dated

20.07.2009 (Annexure P/1) passed by the Commissioner, Municipal Corporation Raipur/respondent No.2, whereby the petitioner has been imposed with penalty of stoppage of four annual increments with cumulative effect and also challenging order dated 14.07.2014 (Annexure P/10), by which the representation of the petitioner has been rejected, though his appeal was allowed by the Appeal Committee/respondent No.3 vide order dated 13.01.2012 (Annexure P/6).

2. The aforesaid challenge has been made on the following factual background :-

2.1. In the year 2002, while the petitioner was working as Assistant Grade-III in the establishment section, one Ku. Mangla Bai was appointed on compassionate basis in the Municipal Corporation Raipur, contrary to the rules, against which a preliminary enquiry was proposed and Mr. Lokeshwar Sahu, the then Deputy Commissioner was appointed as the Enquiry Officer. The Deputy Commissioner submitted his preliminary enquiry report on 17.03.2008 (Annexure P/3) and the petitioner herein was found prima facie guilty, leading to institution and initiation of the departmental enquiry against the petitioner on 02.07.2008 (Annexure P/4), by serving of charge-sheet. Thereafter, Mr. K.K. Singh, Executive Engineer was appointed as the Enquiry Officer to conduct the departmental enquiry and submit the enquiry report.

However, as per order sheet dated 16.07.2009, which is available at page 17 of the affidavit filed by the Municipal Corporation, Raipur, no report was submitted by Mr. K.K. Singh, Executive Engineer and, therefore, the matter was placed before the Commissioner. The Commissioner, Municipal Corporation, Raipur then held that since Mr. K.K. Singh, Executive Engineer, who was appointed as Enquiry Officer for conducting departmental enquiry is junior to Mr. Lokeshwar Sahu, Deputy Commissioner, who conducted the preliminary enquiry, therefore, Mr. K.K. Singh, executive engineer cannot take up an enquiry, after submission of enquiry report by the Deputy Commissioner and, thereby, directed to proceed in accordance with the preliminary enquiry report dated 17.03.2008 (Annexure P/3) submitted by the Deputy Commissioner. Accordingly, vide order dated 20.07.2009 (Annexure P/1), the petitioner was inflicted with penalty of stoppage of four annual increments with cumulative effect.

2.2 Subsequently, the petitioner preferred an appeal before the Appeal Committee against the impugned order dated 20.07.2009, and the same was allowed vide order dated 31.01.2012 (Annexure P/6). However, order dated 31.01.2012 passed by the Appeal Committee was not honoured/followed by the Municipal Corporation, Raipur, leading to filing of WPS No.1501/2014 by the petitioner before this Court and this Court vide order dated 24.03.2014 (Annexure P/8), directed the respondent authorities to consider the representation of the petitioner. Consequently, the petitioner filed a representation before the respondent authorities, however, it was ultimately rejected by the Comm