Digitaly 2025:CGHC:11908 signed by RAVI R SH AV A I NKAR S M H A A N N D K A A V R I MANDAVIDate:

2025.06.11 18:35:23 +0530 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 863 of 2025

1 - Dharmendra Banjare S/o Komal Singh Banjare Aged About 35 Years R/o Nariyara P.S. Mulmula Posted As Constable P.S. Mulmula District -

Janjgir - Champa (C.G.)

2 - Durgesh Khute S/o Shri Tulsi Ram Khute Aged About 34 Years R/o Sajapali Akaltara Posted As Constable P.S. Mulmula District - Janjgir -

Champa (C.G.) ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary Home And Police Department Chhattisgarh Mahanadi Bhawan Mantralaya Naya Raipur Chhattisgarh District- Raipur (C.G.)

2 - Director General Of Police Police Headquarter Naya Raipur District -

Raipur (C.G.)

3 - Inspector General Of Police Bilaspur Range Bilaspur District -

Bilaspur (C.G.)

4 - Superintendent Of Police Janjgir - Champa District - Janjgir -

Champa (C.G.)

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioners : Smt. Renu Kochar, Advocate For State/Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Govt. Adv.

Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

10/03/2025

1. Heard Smt. Renu Kochar, learned counsel petitioners as well as Mr. Suyashdhar Badgaiya, learned Dy. Government Advocate for State/respondent/s.

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

“10.1 This Hon'ble Court may kindly be pleased to call for entire Records from the office of the respondent in respect of Petitioner's claim.

10.2 The Hon'ble Court may kindly be pleased to direct the Respondents No.03 to pay interest amount.

10.3 The Hon'ble Court may kindly be pleased to direct the Respondent No.02 to recover award amount as per award 06.10.2021 from respondent No.03.

10.4 That, any other Writ, order directions or relief which this Hon’ble Court may deem fit may kindly be passed in favour of the petitioner.”

3. Brief facts of the case is that the petitioners were posted as constable in Police Station Mulmula, District Janjgir Champa, (C.G). By memo dated 28.02.2022, the petitioners were alleged to be indulged in anti social activities, arguing with senior officers in drunken state, pointing riffle at the staff, which displays gross negligence towards duty and therefore they were suspended vide order No.1/22/105/2022 dated 28.02.2022 by respondent No. 4. (Annexure P/2). The petitioners were not been given chargesheet alleging the articles of charges against them which clearly shows that no opportunity of hearing was provided to them. Thereafter, the petitioners have moved an application under Right to Information Act to Public Information Officer regarding the documents of preliminary enquiry, the copy of complaint, and the CCTV footage. The Public Information Officer replied to the application of information sought to the petitioner No.2 and asked to deposit requisite information fees. The preliminary enquiry was conducted on the same day i.e 01.03.2022 and on the same date without affording any opportunity of hearing to the petitioners, neither supplying the article of charges nor asking for the reply to the charge sheet, the respondent authorities have concluded that petitioners are guilty of charges and vide order dated 02.03.2022 proceeded to remove the petitioners from services applying the provisions of Article 311(2)(b) of the Constitution of India. Being aggrieved by order dated 2.03.2022 the petitioners have preferred appeal dated 29.03.2022 and the appellate authority did not consider the grounds raised by petitioners and dismissed the appeal by order dated 15.07.2022. ( Annexure P/6.). Thereafter, the petitioners have filed mercy appeal against the order dated 28.2.2022 and 15.07.2022 whereby the Appellate Authority vide order dated 16.5.2023 has dismissed the case of petitioners, (Annexure P/7.) Thereby the petitioners have filed revision against the order dated 28.02.2022, 15.07.2022 and 16.05.2023, (Annexure P/8) which was al