2026:CGHC:13584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1261 of 2026 Rajesh Gupta S/o Shri L.B. Gupta Aged About 61 Years R/o Anandam World City, Kachna, Raipur, District Raipur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Public Health Engineering, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh

2 - Engineer-In-Chief Public Health Engineering, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh

3 - Jal Jeevan Mission Through Its Mission Director, Neer Bhawan, Civil Lines, Raipur, District Raipur, Chhattisgarh ... Respondent(s)

For Petitioner :Mr. Amrito Das, Advocate along with Mr. R.N.

Gupta, Advocate For State :Mr. Y.S. Thakur, Addl. Advocate General S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

18/03/2026

1. Petitioner has filed this petition seeking following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to Digitally call for the entire records pertaining to issuance of the signed by PRAVEEN KUMAR SINHA Date:

2026.03.25 +0530 orders dated 09.01.2026 (ANNEXURE P-1 & P-2) from the respondents for its kind perusal.

10.2 That, this Hon'ble Court may kindly be pleased to pass an appropriate order / writ quashing and setting aside the order of suspension dated 09.01.2026 (ANNEXURE P-1).

10.3 That, this Hon'ble Court may kindly be pleased to pass an appropriate order / writ quashing and setting aside the order of institution of departmental enquiry dated 09.01.2026 (ANNEXURE P-2).

10.4 That, this Hon'ble Court may kindly be pleased to pass an appropriate order / writ directing the respondents to reinstate the petitioner to his post with all consequential benefits.

10.5 That, the hon'ble court may kindly be pleased to direct to responded to issue for any other relief, which may deem properly.”

2. Learned counsel for the petitioner submits that petitioner was initially appointed on the post of Assistant Engineer in the year 1988. After appointment, petitioner worked with utmost sincerity and honesty to the satisfaction of the authority which led to his promotion to the post of Executive Engineer in the year 2005, thereafter to the post of Superintending Engineer in the year 2015, to the post of Chief Engineer in the year 2023. As of now petitioner has completed 38 years of service with excellence without any adverse remark. He is due to retirement on 31^st August 2026. However, surprisingly he was served with an order of suspension dated 09.01.2026 and on the same date, another order was issued for initiating departmental enquiry against him. Due to issuance of aforementioned order, now junior to petitioner has been given regular charge of Engineer-in-Chief even though he has only completed 2 years as Chief Engineer and not eligible for promotion to the post of Engineer-in-Chief. He contended that issuance of order of suspension and institution of departmental enquiry is on baseless, fabricated and non-existent grounds, only in order of humiliate and harass the petitioner. Reason assigned in issuance of order of suspension is that petitioner is negligent in discharging the work of Jal Jeevan Mission (hereinafter referred to as “Mission”), he has changed the articles without prior permission of competent authority which is absolutely baseless. He contended that the works under the Mission is executed under instruction of Ministry of Jal Shakti, Department of Drinking Water and Sanitation National Jal Jeevan Mission, Govt. of India. State Level Committee i.e. State Level Scheme Sanctioning Committee (hereinafter referred to as "SLSSC") is entrusted with responsibility to best the techno-economic review and input to the Apex Committee. SLSSC assist the State Water and Sanitation Mission (hereinafter referred to as "SWSM") i.e. Apex Committee.

3. In the minutes of meeting dated 30.09.2022 of SLSSC , decision was taken by it relating to change of material i.e. from DIK-7 Pipe to O- PVC Pipe. Minute