Digitally signed 2025:CGHC:57344 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3920 of 2023

1 - Khelu Ram Tandan S/o Laxman Ram Tandan Aged About 35 Years Village Borid Post Office- Fingeshwar, Tahsil- Rajim, District : Gariyabandh, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through- The Secretary Department Of Health, Mantralaya, Mahanadi Bhavan, New Raipur, District : Raipur, Chhattisgarh

2 - Pt. Jawahar Lal Nehru Memorial Medical Collage, Raipur, District : Raipur, Chhattisgarh

3 - The Dean Pt. Jawahar Lal Nehru, Memorial, Medical College, Raipur, District :

Raipur, Chhattisgarh ... Respondent(s)

(Cause title is taken from Case Information System)

For Petitioner : Mr. Hemant Kesharwani, Advocate For State : Mr. Devesh G. Kela, Panel Lawyer (Hon'ble Shri Amitendra Kishore Prasad, Judge

Order on Board

25/11/2025

1. By way of this petition, the petitioner has prayed for following reliefs :

“10.1 That, this Hon'ble Court may kindly be pleased to set-aside the order dated 05.10.2015 (Annexure P/1) passed by respondent No. 03 and further allowed the petitioner to work as ward boy.

10.2 That, this Hon'ble Court may kindly be pleased to issue the direction for the respondent authorities to count absent period as service period for all purpose.

10.3) Any other relief which this Hon'ble Court may deem fit and proper also kindly be granted to the petitioner, in the interest of justice.”

2. Facts of the case, in a nutshell, are that the petitioner was appointed as a Ward Boy on 17.01.2011 and, upon successfully completing his probation, his services were regularized on 27.07.2013. Thereafter, he rendered his duties honestly until he suffered a severe episode of ill- health, including acute lower back pain that left him unable to walk and required hospitalization at the District Hospital, Gariyaband, which also caused mental distress. Due to his medical condition, the petitioner remained absent from duty, during which period certain notices regarding unauthorized absence were allegedly issued, though he did not receive any of them. On 11.08.2015, the respondents constituted an inquiry committee behind his back without serving any notice upon him, and subsequently, by order dated 05.10.2015, respondent No. 3 terminated his services without adhering to the prescribed procedure under the Civil Services (Classification, Control & Appeal) Rules and in violation of Article 311(2) of the Constitution of India and principles of natural justice. The petitioner continued to suffer from severe back pain from 2014 to 2021 and remained incapable of attending work. After recovering, he submitted a representation on 12.10.2021 to respondents No. 2 and 3 seeking reinstatement; however, no decision has been communicated to him to date.

3. Learned counsel for the petitioner would submit that the impugned order passed by respondent No. 3 is arbitrary, illegal, and issued in complete disregard of the established legal procedure, thus violating the principles of natural justice. It is submitted that the petitioner was never served with any formal notice or charge-sheet regarding any departmental inquiry, nor was he informed about the proceedings against him. In fact, the petitioner was never apprised of the nature or grounds of the alleged charges or the inquiry that was purportedly conducted by the respondents. The absence of any proper notice or charge-sheet and the failure to provide the petitioner with an opportunity to defend himself before the impugned order was passed renders the action of respondent No. 3 violative of the principles of fairness and transparency enshrined under Article 14 and Article 311 of the Constitution of India. It is further submitted that the impugned order was passed without the initiation of any formal departmental inquiry, which is a mandatory requirement under law for imposing any penalty on a Government servant. The petitioner was not served with any charge-sheet nor was he provided an opportun