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2026 Supreme(Online)(Chh) 12547
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 21 of 2022
Sayyad Ahmed Ali S/o Late Shri Nawab Ali Aged About 63 Years Range Officer (Retired), R/o H. No. 325, Aman Nagar, Mowa, P.S. Mowa, Raipur, District Raipur Chhattisgarh.--- Petitioner
versus
1. State Of Chhattisgarh Through Principal Secretary, Department Of Forest Mantralaya, Mahanadi Bhavan, Nawa Raipur Atal Nagar Chhattisgarh.
2. Chief Conservator Of Forests, Raipur Circle, Aranya Bhawan, Jail Road, Raipur, District Raipur Chhattisgarh.
3. Divisional Forest Officer, Dhamtari Forest Division, Dhamtari Forest Division, Dhamtari, District Dhamtari Chhattisgarh.
4. Sub Divisional Forest Officer, Dhamtari Sub Division, Dhamtari Forest Division, Dhamtari, District Dhamtari Chhattisgarh.--- Respondent(s)
WPS No. 3627 of 2022
Sayyad Ahmed Ali S/o Late Shri Nawab Ali Aged About 64 Years Range Officer (Retired), R/o H.No. 325, Aman Nagar, Mowa, P.S. Mowa, Raipur, District : Raipur, Chhattisgarh ---Petitioner
Versus
1. State Of Chhattisgarh Through Principal Secretary, Department Of Forest, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur Chhattisgarh 492002., District : Raipur, Chhattisgarh
2. Principal Chief Conservator Of Forests And Chief Of Forest Force Aranya Bhawan, Nawa Raipur Atal Nagar, Raipur Chhattisgarh 492002.
3. J.R. Nayak Chief Conservator Of Forest, Raipur Circle, Office Of The Chief Conservator Of Forest, Vip Estate Mowa, Raipur, District Raipur 492001 Chhattisgarh.
4. Satovisha Samajdaar Divisional Forest Officer, Dhamtari Forest Division, District Dhamtari 493773 Chhattisgarh.
5. Jaidee Jha Sub Divisional Officer (Forest) Office Of The District Forest Officer, Dhamtari 493773 Chhattisgarh.--- Respondent(s)
For Petitioner : Mr. R.S. Patel, Advocate
For State : Mr. Raj Kumar Gupta, Addl. Advocate General
Hon'ble Shri Justice Rakesh Mohan Pandey
19.03.2026
Sd/-(Rakesh Mohan Pandey)
Judge
Order on Board
1. By way of (WPS No. 21 of 2022), the petitioner has sought the following relief(s):-
10.1 That this Hon’ble Court may kindly be pleased to set aside/quash the impugned notice dated 25.08.2021 (Annexure P-1) issued by the Respondents No. 3.
10.2 That the Hon’ble Court may issue appropriate Writ directing the respondents to immediately release the arrears of the retiral benefits including gratuity and other retiral benefits along with interest.
10.3 That the Hon’ble Court may issue appropriate Writ directing the respondents to immediately fix the pension of the Petitioner and the arrears may be paid along with interest.
10.4 Any other relief(s) may also be given to the petitioner, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
2. By way of (WPS No. 3627 of 2022), the petitioner has sought the following relief(s):-
10.1 To call the records pertaining to issuance of Chargesheet dated 27.04.2022 received by the Petitioner on 07.05.2022.
10.2 That this Hon’ble Court may kindly be pleased to set aside/quash the impugned Chargesheet dated 27.04.2022 received by the Petitioner on 07.05.2022 issued by the Respondents No. 2.
10.3 To direct the Respondent No. 1 to conduct proper preliminary Enquiry so as to find out the role of the officers responsible for the loss caused as alleged in the chargesheet and thereafter take action against the erring officers.
10.4 Any other relief(s) may also be given to the petitioner, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
3. The facts in brief are that the petitioner at the relevant time in the year 2020 was posted at Keregaon Forest Range under the Compensatory Afforestation Management & Planning Authority (CAMPA) project on the post of Forest Range Officer. A proposal was sent by the petitioner for construction of 3 km WBM road from Basikhai to Dokaal and its estimated cost was Rs. 45.30 lakhs. The said proposal was accepted and approved by the higher authorities. The petitioner got retired from services on 30.04.2021. After retirement, an order of recovery to the tune of Rs. 4,82,101/- was issued by the Divisional Forest Officer, Forest Division – Dhamtari on 25.08.2021. The foundation of said order was a letter dated 20.07.2021(Annexure R/1). The petitioner has challenged order dated 25.08.2021 on the ground that the Divisional Forest Officer, Forest Division – Dhamtari issued order Annexure P/1 without holding any enquiry and without affording any opportunity of hearing.
4. In WPS No. 3627 of 2022, the petitioner has challenged article of charge issued by the Principal Chief Conservator of Forest dated 27.04.2022 making allegations that the petitioner while discharging functions of Forest Range Officer spent more than sanctioned amount in construction of road. Further allegation against the petitioner is that he failed to make payment of Rs. 11,50,505/- to the labourers and against purchase of material.
5. The article of charge has been challenged by the petitioner on the ground that after retirement it has been issued without grant of proper sanction from Governor. It is also stated that the article of charge was issued in contravention to Rule 9 (2) (b) of Chhattisgarh Civil Services (Pension) Rules, 1976 (for short “Rules, 1976”).
6. Mr. R.S. Patel, Advocate would argue that notice of recovery dated 25.08.2021 was issued by the respondent authority without affording any opportunity of hearing. He would submit that no enquiry was conducted by the department and behind back of the petitioner said order was issued, therefore, same is bad in law and may be quashed. He would submit that revised estimate of WBM road was sent to the higher authorities, which was not considered. With regard to issuance of article of charge, Mr. Patel would submit that the article of charge was served upon the petitioner contrary to the Rule 9 (2) (b) of Rules
