2026:CGHC:1786 Digitally NAFR ABHIGYAsigned by SAXENA ABHIGYA SAXENA HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2643 of 2023

1 - Sonchand Banjare S/o Late Shiv Prasad Banjare Aged About 72 Years Retired Additional Collector, Resident Of Old Bus Stand Karbala Road, Near B.J.P. Office, Juna Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - State Of Madhya Pradesh Through Department General Administration Vallabh Bhawan Bhopal (M.P.)

... Respondent(s)

For Petitioner(s) : Mr. Kunal Das, Advocate For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

12/01/2026

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1- That the Hon'ble Court may kindly be pleased to call for the entire service record of the petitioner for kind perusal of this Hon’ble Court.

10.2- That the Hon'ble Court may kindly be pleased to set aside the DPC dated 30/12/2019 particularly negative remark as mentioned 1990 (G) as well the negative discussion mentioned in the DPC details also in the larger interest of justice.

10.3- That the Hon'ble Court may kindly be pleased to direct the respondent authority to grant the monetary and other consequential benefits to the petitioner since the Right of the petitioners has accrued till the superannuation day in the larger interest of justice..

10.4- Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.

2. Facts of the case :- By way of the present writ petition, the petitioner has challenged the impugned order dated 30.12.2019 passed by the Departmental Promotion Committee (DPC) and forwarded by the Additional Secretary to the Secretary, General Administration Department (GAD), Mantralaya, State of Chhattisgarh vide communication dated 21.01.2020, whereby the petitioner was assigned adverse gradings/remarks recorded as “G, Kh, G, K, K” for the relevant periods, which are illegal, arbitrary, unauthorized, and wholly unsupported by any material evidence or lawful basis. It is the specific case of the petitioner that such adverse valuation has been made mechanically and in utter disregard of the settled principles governing assessment of service records, resulting in serious prejudice to the petitioner by adversely affecting his promotion and consequential monetary benefits and other service dues. The petitioner further submits that the impugned decision was taken during the pendency of Contempt Case (Civil) No.1067/2019 as well as W.P.(S.) No.3356/2007 before this Hon’ble Court, and despite the said proceedings being sub judice, the respondents failed to place or disclose the impugned valuation/remarks before this Hon’ble Court in their reply, thereby suppressing material facts and acting without bona fides. The preparation and communication of the impugned adverse remarks during the pendency of judicial proceedings, without placing the same before this Hon’ble Court, vitiates the entire decision-making process, rendering the impugned order violative of the principles of natural justice, fairness, and transparency, and consequently liable to be quashed, for which reason the petitioner has been constrained to invoke the extraordinary jurisdiction of this Hon’ble Court by filing the present writ petition.

3. Learned counsel for the petitioner respectfully submits that, in terms of the government circulars issued by the State Government from time to time, a departmental enquiry is required to be concluded within an outer limit of six months, whereas in the present case the enquiry against the petitioner was allowed to linger on for nearly two years, rendering the entire process arbitrary and illegal. It is further submitted t