2025:CGHC:57239 Digitally signed by YOGESH YOGESH TIWARI NAFR TIWARI Date:

2025.11.25

18:31:08 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR Order Reserved on : 07.11.2025 Order Delivered on : 25.11.2025 WPS No. 105 of 2023 Lalan Singh Paikra S/o Samal Sai Aged About 42 Years Presently Working As Constable No. 947 And Posted In District Force, Police Line, Surajpur, District : Surajpur, Chhattisgarh ... Petitioner versus

1 - The State of Chhattisgarh Through Secretary, Department of Home (Police) Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

2 - The Director General of Police Police Head Quarter, Raipur, District : Raipur, Chhattisgarh

3 - The Inspector General of Police Surguja Range, Ambikapur, District : Surguja, Chhattisgarh

4 - The Superintendent of Police District Police Force, District :

Surajpur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Aman Upadhyay, Advocate For State/Respondents : Mr. Rahul Tamaskar, Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge

C A V Order

1. Heard Mr. Aman Upadhyay, learned counsel for the petitioner as well as Mr. Rahul Tamaskar, learned Government Advocate appearing for the State/respondents.

2. By filing the present petition, the petitioner has prayed for following relief(s) :-

“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner.

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus where to set aside the impugned order dated 29.09.2021 issued by the Respondent No. 3 to the extent of imposition of punishment of withholding of one increment with non-cumulative effect and also treating of the period of dismissal of the petitioner as no work no pay.

10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus where to direct to the Respondent No. 2 and 3 to provide the petitioner all the consequential benefit on account of reinstatement of the petitioner's services as well as provide seniority by adding the name of the petitioner in the gradation list at the appropriate place.

10.4 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus where to direct to the Respondent No. 2 and 3 to consider the petitioner's candidature for promotion from Constable to Head Constable and lieu of promotion, provide the petitioner increment of salary and time pay scale.

10.5 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.”

3. Brief facts of the case in nutshell are that the petitioner is presently employed as a Constable in the Reserve Police Line, Surajpur. He was originally appointed as a Constable in the District Police, Surguja (now Surajpur) on 08.09.2008 by the Superintendent of Police, Surguja. After successful completion of prescribed training, he was posted to Police Station Surajpur. On 02.11.2009, when the Petitioner’s wife fell ill and was admitted to hospital, the petitioner applied for leave. His Commanding Officer, SI Baijnath Sai Paikra, refused the leave on the ground of shortage of force and, contemporaneously, lodged a complaint against the Petitioner alleging misconduct specifically that the petitioner was drunk and had misbehaved.

4. Pursuant to that complaint, the petitioner was suspended on

04.11.2009 and a departmental enquiry was instituted on 11.12.2009 to examine the allegations made by Sub Inspector Baijnath Sai Paikra. The departmental enquiry was concluded and, by an order dated 09.05.2010, respondent No. 4 (the disciplinary/appointing authority) terminated the petitioner’s services from the police force. The petitioner appealed the dismissal to respondent No. 3. That appeal was rejected by respondent No. 3 on 09.09.2010 (the appellate rejection), without assignment of reasons. (The appellate action is the subject-matter of su