NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2623 of 2023 Order Reserved on : 10.11.2025 Order Delivered on : 21.11.2025

1 - Sanjay Kumar Sahu S/o Puran Lal Sahu Aged About 35 Years Jail Warder, District Jail Mungeli District Mungeli Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Home Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh 2 - The Director General Jail And Corrective Service, Raipur District Raipur Chhattisgarh 3 - The Jail Superintendent Central Jail Jagdalpur District Baster Chhattisgarh ... Respondents (Cause-title taken from the Case Information System)

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For Petitioner :- Mr. B.L. Dembra, Advocate For State :- Mr. Dashrath Prajapati, P.L.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

CAV Order

1. The instant writ petition has been filed against the order dated

02.02.2023 passed by respondent No.2, whereby the appeal preferred by the petitioner has been dismissed, as well as against the order dated 30.07.2022 passed by respondent No.3 imposing the penalty of withholding two increments with cumulative effect upon the petitioner.

2. The petitioner was appointed as a Jail Warden and was posted at Central Jail, Jagdalpur at the relevant time. It is submitted that the petitioner was charge-sheeted for misconduct under Rule 3 of the Chhattisgarh Civil Services (Conduct) Rules, 1996, as well as under Rules 252(b), 273, 570 and 571(5) of the Jail Manual. The allegation against the petitioner is that on 14.03.2022, at about 10:06 PM, during a night search conducted while the petitioner was on duty from 10:00 PM to 2:00 AM, two packets of tobacco were recovered, on the basis of which the aforesaid charges were levelled. After completion of the departmental enquiry, respondent No.3, vide order dated 30.07.2022, imposed upon the petitioner the penalty of withholding two increments with cumulative effect. The petitioner preferred an appeal, but the same was dismissed vide the impugned order dated 02.02.2023. Hence, the present petition has been filed.

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

“10.1 That, the Hon'ble Court may kindly be pleased to call for the records from the respondents pertaining to the petitioner's case.

10.2 That, the Hon'ble Court may kindly be pleased to pass an appropriate writ of mandamus, order or direction, quashing the order dated 02.02.2023 passed by the respondent no.2 and consequently order dated

30.07.2022 be quashed.

10.3 This Hon'ble Court may further be pleased to grant any other relief which the Hon'ble Court deems fit and proper as per the nature of the case. An affidavit in support of this writ petition is filed herewith.”

4. Facts of the case are that the petitioner was initially appointed as a Jail Warder and, at the relevant time, was posted at Central Jail, Jagdalpur, later being transferred to District Jail, Mungeli. On 14.03.2022, while the petitioner was assigned duty from 10:00 PM to 2:00 AM for the security of prisoners in Barracks No. 6 to 10, a search was conducted at the jail entry point, during which two packets of tobacco were recovered, alleged to have been kept for providing to prisoners. Consequently, a departmental enquiry was initiated, a show-cause notice was issued, and charges were framed for violation of Rule 3 of the Chhattisgarh Civil Services (Conduct) Rules, 1996, and Rules 252(b), 273, 570 and 571(5) of the Jail Manual. Upon completion of the enquiry, respondent No.3, vide order dated 30.07.2022, imposed the penalty of withholding two increments with cumulative effect. The petitioner’s appeal against the said order was dismissed on 02.02.2023. As the findings of both authorities are alleged to be illegal, arbitrary and cryptic, the petitioner has approached this Hon’ble Court.

5. Learned c