Digitally

2025:CGHC:61601 signed by SHAYNA NAFR KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2085 of 2023

1 - Banjuram Mandawi S/o Jhaduram Mandawi Aged About 59 Years R/o Marrapitola (Tohe) P. O. Tohe, Tahsil Manpur District Rajnandgaon Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Social Welfare, Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh

2 - The Commissioner Durg, District Durg Chhattisgarh

3 - The Collector Rajnandgaon, District Rajnandgaon Chhattisgarh

4 - Chief Executive Officer Jila Panchayat Rajnandgaon, District Rajnandgaon Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Bharat Lal Dembra, Advocate For State : Mr. Sakib Ahmed, Panel Lawyer For Respondent No. 4 : Mr. Siddhant Kumar Das, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

17/12/2025

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

“10.1 The Hon'ble Court may kindly be pleased to issue a writ quashing/set-aside the order dated 06.09.2022 passed by the respondent no.1 (Annexure P/1) and direct the respondent no.1 to decide the matter on his own merits within stipulated time as this Hon'ble Court in the interest of justice.

10.2 Any other relief which this Hon'ble Court may deems fit and proper looking to the facts and circumstances of the case may also be awarded to the petitioner”

2. Facts of the case, in a nutshell, are that the petitioner was initially appointed as Secretary of Gram Panchayat in the year 2000 and, thereafter, was posted at various places, where he discharged his duties with utmost honesty and sincerity. However, on account of certain alleged irregularities, the petitioner was placed under suspension and was ultimately removed from service vide order dated 27.10.2016 (Annexure P/2). Aggrieved by the said removal, the petitioner approached the Chhattisgarh State Scheduled Tribe Commission, which, after considering his grievance, issued a letter dated 27.06.2018 directing the Collector to take necessary steps, holding that the removal of the petitioner was illegal (Annexure P/3). Pursuant thereto, the Sub-Divisional Officer (R), Mohla, addressed a communication to the Chief Executive Officer, Zila Panchayat, Rajnandgaon, recommending reconsideration of the petitioner’s case. Despite these developments, the petitioner preferred an appeal before the Commissioner; however, the same was dismissed vide order dated 15.02.2022 solely on the ground of delay, without taking into consideration the findings recorded by the Commission and the Sub- Divisional Officer (Annexure P/5). Thereafter, the petitioner filed a writ petition before this Court, which was disposed of vide order dated 09.05.2022 by granting liberty to the petitioner to avail the appropriate remedy available under law (Annexure P/6). In pursuance thereof, the petitioner filed a revision petition before respondent No.1 (Annexure P/7); however, the said revision was also dismissed vide order dated 06.09.2022 on the ground of delay, while observing that the petitioner was habitual in committing default, thereby giving rise to the present cause of action (Annexure P/1).

3. Learned counsel for the petitioner submits that the respondent No.1 has committed a manifest error of law in dismissing the revision petition on a mere technical ground of delay, which has caused serious prejudice to the petitioner. It is contended that despite clear recommendations made by the Sub-Divisional Officer as well as the Chhattisgarh State Scheduled Tribe Commission, categorically indicating that the petitioner’s case required reconsideration on merits, the respondent No.1 failed to take the same into account and mechanically dismissed the revision without adjudicating the issues involved. Learned counsel further submits that this Court, while disposing of the earlier writ petition, had specifically granted liberty to the petitioner to appr