2026:CGHC:5624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10280 of 2025

1 - Lakhan Lal Jaiswal S/o Late Puran Lal Jaiswal Aged About 31 Years R/o Jail Colony, G-Block Room No. 09, Raipur, District - Raipur (C.G.)

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh

2 - The Director, Jail And Correctional Services, Head Quarter, Sector 19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh

3 - The Jail Superintendent, Central Jail Raipur, District Raipur, Chhattisgarh --- Respondent(s)

(Cause title is taken from CIS system)

For Petitioner : Mr. Sandeep Dubey, Advocate For Respondents/State : Mr. Mayur Khandelwal, P.L.

Hon'ble Shri Justice Parth Prateem Sahu

Order On Board

31/01/2026

1. Petitioner has filed this petition seeking following relief (s) ]

“10.1 That, the Hon’ble Court may kindly be pleased to issue writ in the nature of certiorari for set-aside/quash the impugned order dated 06.08.2025 (Annexure P-1)

and the order dated 31.12.2024 (Annexure P-2).

10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief (s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

2. Learned counsel for petitioner submits that petitioner who was holding the post of Prahari (Prison Guard) has been deputed for taking one prisoner namely Roshan Chandrakar, S/o. Homendra Chandrakar to the hospital on 02.08.2024 for his check-up at Dr. Bhimrao Ambedkar Memorial Hospital, Raipur (Mekahara Hospital). After getting the prisoner examined in the hospital, he returned back along with prisoner in the jail at about 4.50 PM. Based on some video footage uploaded in social media, petitioner was issued charge-memo levelling two charges against him firstly that on 02.08.2024, petitioner was sent along with prisoner Roshan Chandrakar to hospital, however from video uploaded in the social media, it is appearing that petitioner is found unauthorizedly roaming along with family members of prisoner in a restaurant situated at Fafadih, Raipur and secondly that on 02.08.2024, prisoner was handed over to petitioner for taking him to hospital at 9.25 AM and with inordinate delay he along with prisoner return to jail at 4.50 PM. Petitioner leaving the prisoner in the hospital was found roaming with the family members of the prisoner according to the video uploaded in the social media, which was a negligent act on the part of petitioner and there could be a chance of absconding of prisoner. He contended that the aforementioned both charges are vague, there is no specific mention of time, name of restaurant and so called family members of prisoner. With regard to delay, he submits that petitioner was assigned duty to take prisoner to the Government Hospital i.e. Dr. Bhimrao Ambedkar Memorial Hospital, Raipur, where after examining prisoner, doctor suggested some test and was also advised that he should wait for the outcome of the test/report and if required, the prisoner/patient may require inpatient treatment. After lapse of long time, when report was not handed over and it was informed to petitioner that there may be further delay for producing report, petitioner thereafter returned back. There is no other reasons for delay in returning to jail along with prisoner. Petitioner has also submitted photocopy of screen shot of mobile number of his friend to prove that at that relevant point of time, petitioner received urgent phone call, therefore, after duty hours he visited the place at which his friend called petitioner. He next contended that in enquiry proceedings, petitioner was put material questions by the Enquiry Officer and thereby the Enquiry Officer had acted as a prosector, therefore, the enquiry itself is vitiated and petitioner cannot be subjected to punishment based on the said report submitted by the Enquiry Officer. He also contended that respondents authorities/department has