2026:CGHC:15280-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR Date: 2026.04.06 10:23:30 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 265 of 2026 S.S. Tigga S/o Late Shri Alexzander Tigga Aged About 61 Years Presently Working As Deputy Inspector General Jail, Posted At Headquarters, Jail And Correctional Services Chhattisgarh, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh.

... Appellant(s)

versus

1 - State Of Chhattisgarh Through Principal Secretary, Department Of Home (Jail), Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

2 - Director General Jail Chhattisgarh Sector-19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

3 - Chhattisgarh Public Service Commission Through Its Secretary, Cgpsc, North Block, Sector-19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

4 - Amit Shandilya S/o Shri Mannu Lal Shandilya Aged About 41 Years Occupation Service, Working As Jail Superintendent, Central Jail, Jagdalpur, R/o Superintendent House, Jail Line, Jagdalpur, District Bastar, Chhattisgarh.

... Respondent(s)

For Appellant(s) : Ms. Fouzia Mirza, Sr. Adv. Along with Mr. Ali Afzaal Mirza, Advocate For Respondent(s) : Mr. Praveen Das, Add. A.G., Mr. Sudeep Agrawal, Advocate and Mr. Prafull N. Bharat, Sr. Adv. Alongwith Ms. Sunita Jain, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

02.04.2026

1. Heard Ms. Fouzia Mirza, learned Senior Advocate along with Mr.

Ali Afzaal Mirza, learned counsel for the appellant. Also heard Mr. Praveen Das, learned Additional Advocate General for respondents / State, Mr. Sudeep Agrawal, learned counsel for respondent No.3 and Mr. Prafull N. Bharat, learned Senior Advocate alongwith Ms. Sunita Jain, learned counsel for respondent No.4.

2. The appellant has filed this writ appeal against the order dated

15.01.2026 passed by the learned Single Judge in W.P. (S). No.3033/2023 (Amit Shandilya vs. State of Chhattisgarh and others) whereby the learned Single Judge has allowed the writ petition filed by the writ petitioner / respondent No.4 herein.

3. Brief facts of the case are that the appellant was initially appointed as Jail Superintendent on 19.08.1994 and was inducted into the cadre on 30.05.2000, whereas the respondent No.4 (writ petitioner) was appointed in 2009 as Superintendent, District Jail and promoted in 2015 as Superintendent, Central Jail, presently posted at Jagdalpur, District Bastar; upon the superannuation of Dr. K.K. Gupta, a vacancy arose on the post of Deputy Inspector General (DIG) Jail to be filled by promotion under the Chhattisgarh Jail (Gazetted) Service Recruitment Rules, 2008 and the Chhattisgarh Public Service (Promotion) Rules, 2003, and in the DPC meeting dated 08.02.2023, applying the merit-cum-seniority criteria based on ACR gradings, the appellant was recommended for promotion over the respondent No.4/petitioner. However, upon obtaining the DPC proceedings and ACR chart under the RTI Act, the respondent No.4/petitioner claimed to possess superior ACR gradings, including upgraded entries for the years 2018 and 2020, and submitted a representation dated 22.03.2023 seeking reconsideration, which was rejected on 26.04.2023 on the ground of non-availability of vacancy despite the appellant having already been promoted on 09.03.2023, leading the respondent No.4/petitioner to challenge the said promotion and rejection order by filing WPS No. 3033/2023, which was allowed by the learned Single Judge vide impugned order dated 15.01.2026. Hence this present appeal.

4. Learned counsel for the appellant submits that the impugned order dated 15.01.2026 passed by the learned Single Judge is unsustainable both in facts and in law, as it proceeds on a complete misappreciation of the governing statutory framework and the material on record. The learned Single Judge has failed to appreciate that the Departmental Promotion Committee (DPC), in