2026:CGHC:18179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1301 of 2024 Om Prakash Sinha S/o Late Ganpat Sinha Aged About 33 Years Presently Posted As Constable Excise, At Office Of State Level Flying-Squad Raipur, District : Raipur, Chhattisgarh ... Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Its Principal Secretary, Department Of Commercial Tax (Excise) Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P S And P O Rakhi, District : Raipur, Chhattisgarh

2 - Under Secretary Department Of Commercial Tax (Excise) Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, P.S. And P.O.- Rakhi, District : Raipur, Chhattisgarh

3 - Commissioner (Excise) Gst Bhawan Nawa Raipur, Atal Nagar, District -

Raipur, Chhattisgarh.

4 - Assistant Commissioner Excise District - Rajnandgaon, Chhattisgarh. 5 - Abhishek Kumar Rajwade Sub Inspector Excise Office Of District Excise Officer, District - Balrampur -Ramanujganj, Chhattisgarh.

... Respondent(s)

For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondent No. 1 to 4 : Mr. Vivek Verma, G.A.

HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE

ORDER ON BOARD

21.04.2026

1. Petitioner has filed this writ petition seeking following reliefs.

“10.1. The Hon'ble Court may kindly be pleased to quash the impugned posting (promotion) order Dated 29.09.2023 (P/1) issued by the Commissioner Excise, Raipur. (inrespectof private respondent)

10.2 The Hon'ble Court may kindly be pleased to consider the candidature of the petitioner for promotion on the post of Sub Inspector Excise, wef 29.09.2023 and grant all consequential benefit, as also considering the other ACR, which taken into point for considering of promotion..

10.3 The Hon'ble Court may kindly be pleased to direct the respondent State to upgradion of ACR as उत्कृ(cid:4) ष्ट (कृ) in place of "Ä" for the year 2017 of the petitioner.

10.4 The Hon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court deems fit & proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice.”

2. Counsel for the petitioner submits that pursuant to the notice published by the exercise department for promotion on the post of Excise Sub- Inspector through Limited Departmental Examination, petitioner had submitted an application along with all relevant documents. Petitioner appeared in the written examination and have secured 84 marks out of 100. He submits that the petitioner was awarded 80 marks on his Annual Confidential Reports of the last five years for the period of 2017 to 2022. He further contended that after publishing of result, petitioner came to know that he was not appropriately awarded marks on his ACRs and thereafter petitioner obtained his ACRs of the relevant period under Right to Information Act from the respondent authorities. In the ACR of the year 2016-17 petitioner was awarded Grade ‘D-Poor’ mentioning that some departmental enquiry is pending against the petitioner. In the said ACR there is also mention that petitioner is not eligible for promotion. It is contention of counsel for the petitioner that this adverse entries made in the ACR of the petitioner has not been communicated to the petitioner by the competent authority. He also submitted that no departmental enquiry has been initiated against the petitioner during that relevant point of time. No show cause notice was issued nor any charge memo and therefore, the entry made in Column No. 9 that departmental enquiry is pending is erroneous. He also contended that petitioner was not served with any show cause notice on the observation made by the reporting authority in the form of allegation, that petitioner is having the relations with the private persons engaged in selling illicit liquors, as petitioner was not having any opportunity to submit any representation against the adverse ACR, it has affected the right of the petitioner and therefore, the ACR having the adverse entries ought not to have been considered. In support