2026:CGHC:1308 YOGESH D by ig Y it O a G lly E S si H gned TIWARI TIWARI D 18 a : t 2 e 6 : : 2 2 0 3 2 + 6. 0 0 5 1 3 .0 0 8 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 466 of 2023 Dharandra Kumar Dewangan S/o Late Shri Jitendra Dewangan Aged About 58 Years Post - Assistant Grade II, R/o T/18, D.N.K. Colony, Lokmanya Tilak Ward No. 37, Dharampura No.2, Jagdalpur, District Bastar, Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through The Under Secretary, Department of Health And Family Welfare, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh

2 - The Director, Directorate of Health Services, Health And Family Welfare Department, Indravati Bhavan, Third Floor, Block No.1, Atal Nagar, New Raipur, District Raipur, Chhattisgarh

3 - The Collector, District Bastar, Jagdalpur, Chhattisgarh

4 - Chief Medical And Health Officer, Department of Health And Family Welfare, Jagdalpur, District Bastar, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Alok Kumar Dewangan, Advocate For State/Respondents : Mr. Hariom Rai, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

08.01.2026

1. Heard Mr. Alok Kumar Dewangan, Advocate for the petitioner and Mr. Hariom Rai, Panel Lawyer for the State/respondents.

2. The petitioner has filed this writ petition with the following relief(s):-

“10.1 That the Hon'ble Court may kindly be pleased to set-aside / quash the Order Kramank ViLi - Ek/82/2021-23, Jagdalpur, Dated 03/01/2023 issued by the Collector, District Bastar, Jagdalpur, whereby petitioner has been transferred /posted from the office of Chief Medical & Health Officer, Jagdalpur, District Bastar, C.G. to Community Health Center Kilepal, Tahsil Bastanar, District Bastar, C.G. by the disciplinary authority.

10.2 This Hon'ble court may kindly be pleased to direct the Respondents to discharge the petitioner from all the allegations made against him as such he is class II employee and has nothing to do with the promotion order issued by the Chief Medical & Health Officer Jagdalpur, District Bastar, C.G. as such it was issued after due consideration by the Departmental Promotion Committee in which petitioner was not the member nor any promotion order has been issued under his signature.

10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to pay the entire salary of the petitioner for the period he was kept under suspension with all other consequential service benefits as such he was made escape goat and made sufferer for no reasons.

10.4 That, the Hon'ble Court may kindly be pleased to call for entire records from the office of the respondents in respect of petitioner's claim & direct the Respondents to provide the cost of the petition and other expenses suffered by the petitioner.

10.5 That, any other writ, order, directions or relief which this Hon'ble Court may deem fit may kindly be passed in favour of the petitioner.”

3. Brief facts of the case, in a nutshell are that the petitioner, working as Assistant Grade-II in the office of the Chief Medical & Health Officer, Jagdalpur, was placed under suspension on 31.03.2021 under Rule 9 of the Chhattisgarh Civil Services (Classification Control & Appeal) Rules, 1966. A charge-sheet was issued on 13.05.2021, to which the petitioner submitted replies and sought personal hearing. However, no enquiry officer or departmental enquiry committee was constituted and the petitioner continued under suspension for about 21 months. Upon revocation of suspension by order dated 03.01.2023, the Collector, Bastar, who is merely the disciplinary authority and not the appointing/transfer authority, illegally transferred the petitioner from CMHO, Jagdalpur to CHC Kilepal. Since the power of transfer rests exclusively with the appointing authority, the impugned change of headquarters by the disciplinary authority is without jurisdiction, arbitrary, and contrary to settled law, and