Digitally signed by YOGESH 2026:CGHC:9175 YOGESH TIWARI TIWARI Date:

2026.02.24 NAFR

19:30:10 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9674 of 2023 Naveen Prakash Dewangan S/o Late Sondhar Dewangan Aged About 51 Years R/o Mahavir Chowk, Narayanpur, Tehsil And District-

Narayanpur, Chhattisgarh.

... Petitioner versus

1 - State of Chhattisgarh Through The Secretary, Department of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District :

Raipur, Chhattisgarh

2 - Collector Narayanpur, District : Narayanpur, Chhattisgarh

3 - District Education Officer Narayanpur, District : Narayanpur, Chhattisgarh

4 - Block Education Officer Block- Narayanpur, District : Narayanpur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Shobhit Koshta, Advocate For State/Respondents : Ms. Vartika Shrivastava, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

20.02.2026

1. Heard Mr. Shobhit Koshta, Advocate for the petitioner as well as Ms. Vartika Shrivastava, Panel Lawyer for the State/respondents.

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

“10.1 That, the Hon'ble Court may kindly be pleased to set-aside the impugned termination order 9/3/23 (Annexure P-6) and issue appropriate writ and direct the respondent authorities to give joining to the petitioner as early as possible from 8/6/2017 along with all consequential benefits.

10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities to call for the record of the entire case in the interest of justice.

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

3. Brief facts of the case, in a nutshell, are that the petitioner was initially appointed as Assistant Teacher vide appointment order dated 03.07.1996 and has been performing duties sincerely and honestly. On 11.08.2009, the petitioner went missing and did not attend school, following which the petitioner’s elder brother informed the concerned authorities on 12.08.2009, 13.08.2009, and 22.08.2009, and respondent No.2, vide letter dated 22.08.2009, directed the police to take necessary action. The petitioner returned on 03.06.2017 and submitted a representation dated 08.06.2017 for rejoining, stating that due to family issues he had become mentally unwell but was now medically fit. Despite correspondence among the authorities on 29.05.2018 and 28.12.2018, no action was taken on the petitioner’s representation. As per a letter dated 08.02.2022, no departmental enquiry had been conducted, and no termination order was passed against the petitioner. The petitioner submitted several oral and written representations on 18.02.2019, 11.01.2022, 03.02.2022, 24.02.2022, and 29.03.2022, but the representations were not considered.

4. Thereafter, the petitioner filed a writ petition bearing WPS No.7511 of 2022 before this Court, which was disposed of with direction to decide the representation vide order dated 22.11.2022 and the respondent authorities dismissed the petitioner’s representation vide order dated 09.03.2023, claiming that the petitioner was absent for more than five years and deemed to have resigned.

5. Aggrieved with the illegal and perverse inaction of the respondents, the petitioner has filed the present petition for redressal of his grievances.

6. Learned counsel for the petitioner submits that the impugned order of termination dated 09.03.2023 is ex facie illegal and unsustainable in law, as the petitioner is a confirmed Assistant Teacher and no departmental enquiry whatsoever was conducted prior to passing the order. It is contended that the respondents have invoked Rule 11 of the Chhattisgarh Civil Services (Leave) Rules, 2010 (for short, ‘Rules of 2010’) and treated the prolonged absence as deemed resignation, without issuing any show cause notice or affording an opportunity of hearing as mandated under Article 31