NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP No. 1522 of 2003 * Sanjay Patil (Died And Deleted) In Compliance Of Hon'ble Court Order Dated 26-02-2024

1.1 - Usha Patil Wd/o Late Sanjay Patil Aged About 47 Years R/o Ward No. 11, Dahegadhwa Hatta, Balaghat, M.P.

1.2 - Deep Daman Singh S/o Late Sanjay Patil Aged About 19 Years R/o Ward No. 11, Dahegadhwa Hatta, Balaghat, M.P.

1.3 - Shakti Patil S/o Late Sanjay Patil Aged About 18 Years Through Natural Guardian Mother Usha Patil, R/o Ward No. 11, Dahegadhwa Hatta, Balaghat, M.P.

... Petitioners versus

1 - The State Of Chhattisgarh. Through Secretary Department Of Home, D.K.S. Bhawan, Raipur, District : Raipur, Chhattisgarh

2 - Company Commandant Mana, Raipur, District : Raipur, Chhattisgarh 3 - The Director Of Inspector General Bhilai, District : Durg, Chhattisgarh

4 - Director General Of Police Armed Forces, Raipur, District : Raipur, Chhattisgarh VED PRAKASH DEWANGAN ... Respondents VED PRAKASH DEWANGAN (Cause-title taken from Case Information System)

Date: 2026.03.10 For Petitioners : Mr. Anshuman Shrivastava, Advocate For Respondents/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

06/02/2026

1. The present writ petition has been filed under Article 226 of the Constitution of India by the original petitioner Sanjay Patil calling in question the legality and validity of the order dated 15.01.2003 passed by the Director General of Police, Chhattisgarh Armed Forces, whereby the petitioner, who was working as Constable (Trade Man No. 828) in the 4th Battalion, Chhattisgarh Armed Forces, Mana, Raipur, was terminated from service pursuant to a departmental enquiry. The petitioner has also sought issuance of a writ in the nature of mandamus directing the respondents to reinstate him in service with full back wages and other consequential service benefits. During the pendency of the present writ petition, the sole petitioner Sanjay Patil expired and, in compliance with the order of this Court dated 26.02.2024, his legal representatives, namely Usha Patil (widow), Deep Daman Singh and Shakti Patil (sons), have been brought on record and substituted in his place to prosecute the present petition.

2. The present petition is filed by the petitioner seeking for the following reliefs:-

“7.1 This Hon'ble High Court may kindly be pleased to call for entire records pertaining to the case of the petitioner.

7.2 Hon'ble High Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondents to reinstate the petitioner with full back wages and other emoluments as provided under the Service Law.

7.3 Issue a writ of certiorari for quashing of impugned order dt. 15.1.2003 contained in Annexure P-7.

7.4 This Hon'ble High Court may kindly be pleased to award any other relief, under the facts and circumstances of the case as the Hon'ble Court may deems fit and proper.

7.5 Cost of the petition be allowed.”

3. The facts of the case as emerges from the pleadings of the petition are that, the original petitioner Late Sanjay Patil was appointed and working as a Constable (Trade Man No. 828) in the 4th Battalion, Chhattisgarh Armed Forces, Mana, Raipur. The petitioner had been discharging his duties to the satisfaction of his superiors and there was no adverse remark regarding his service prior to the incident in question.

******* It is the case of the petitioner that during the course of his service, the respondent authorities served upon him a charge-sheet alleging, inter alia, that the petitioner had remained absent from duty without prior sanction of leave and further that a criminal case had been registered against him under Sections 354 and 366A of the Indian Penal Code. Based on the said allegations, the respondent department initiated a departmental enquiry against the petitioner.

******* Pursuant to the charge-sheet, the departmental enquiry was conducted by the competent authority wherein certain witnesses were examined and their sta