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2026 Supreme(Online)(Chh) 15210

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu, J
Ram Sudin Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 2397 of 2025

Advocates:
For the Appellants/Petitioners: Vaibhav P. Shukla, Mahesh Kumar Sharma
For the Respondents: Anuja Sharma

An enquiry is vitiated if the delinquent employee is not provided with copies of documents relied upon for the charge, and the disciplinary authority cannot impose a major penalty after issuing charges for a minor penalty without providing a specific show cause notice for the enhancement of punishment.

Headnote:(A) Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 - Rule 14 - Principles of Natural Justice - Failure to provide relevant documents relied upon in departmental enquiry - Major penalty imposed without prior show cause notice despite charge memo indicating minor penalty - Legality of enquiry - Held, failure to produce documents forming the basis of charges and failure to examine witnesses violates the prescribed enquiry procedure; additionally, imposition of major penalty after initiating proceedings for minor penalty without specific notice constitutes a violation of Article 311 of the Constitution and the principles of natural justice. (Paras 12, 21, 35, 41)

Facts of the case:
The petitioner, a Revenue Inspector, was served a charge memo alleging violation of government circulars regarding correspondence through the proper channel after he wrote letters to higher authorities regarding his non-promotion. The departmental enquiry recommended withholding two increments (minor penalty), but the disciplinary authority imposed the major penalty of compulsory retirement. The appellate authority dismissed the petitioner's appeal, prompting the current writ petition.

Findings of Court:
The court held that the enquiry was vitiated due to procedural irregularities, including the failure to supply the documents (circulars) cited as the basis for misconduct and the lack of witness examination. Furthermore, the escalation from a minor to a major penalty without issuing a fresh show cause notice was held to be illegal.

Issues: Whether the disciplinary enquiry followed due process and whether the imposition of a major penalty, after charge proceedings for a minor penalty, is legally sustainable.

Ratio Decidendi: The court reasoned that a government servant must be furnished with all documents relied upon to effectively defend against charges. Initiating an enquiry for a minor penalty and subsequently imposing a major penalty without issuing a specific show cause notice violates the principles of natural justice and Article 311 of the Constitution.

Result: Writ petition allowed; the punishment order and appellate order were quashed; petitioner entitled to consequential benefits with liberty for respondents to restart the enquiry from the vitiated stage.

Table of Content
1. summary of facts leading to disciplinary action and challenge. (Para 1 , 2 , 3)
2. parties' contentions regarding procedural fairness and penalty severity. (Para 4 , 5 , 6)
3. procedural violations in the departmental enquiry process. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36)
4. disproportionality of punishment and final court orders. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44)

CAV Order

1. Petitioner, invoking jurisdiction of this Court under Article 226 of Constitution of India has questioned the legality and sustainability of order dated 12th March 2025 whereby appellate authority has dismissed the appeal filed by the petitioner (delinquent employee) under Rule 23 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as “Rules of 1966”) affirming the order of punishment imposed upon the petitioner of major penalty of compulsorily retiring the petitioner vide order dated 26.06.2024 passed by Commissioner, Land Records, Chhattisgarh, Raipur.

2. Facts relevant for disposal of this writ petition are that petitioner while posted as Revenue Inspector (Land Records) Ambikapur, District Sarguja aggrieved with his non-promotion to the post of Assistant Superintendent (Land Records) wrote letters to Secretary, Revenue and Disaster Management Department, Govt. Chhattisgarh Raipur on 02.01.2021, 05.04.2021 and 16.07.2021. Respondent No.1, Secretary Revenue and Disaster Management Department wrote a letter to Collector, Land Records Branch, Ambikapur, District- Sarguja on 18.08.2021, pleading therein that according to Circulars issued by the General Administration Department (GAD) dated 06.02.2014 and 29.03.2021 correspondences is to be made by a government servant through proper channel and not directly and it is further mentioned in the circular that strict action is to be taken against those government servants violating the aforementioned circulars. Petitioner has violated the direction issued by the GAD time to time, which is not proper and directed to take action against the petitioner for his making correspondences with higher authorities in violation of Circulars issued by the State Govt.

3. Collector (Land Records) thereafter had issued charge memo to petitioner on 29.11.2021 levelling two charges. On the same date i.e. 29.11.2021 appointed Enquiry Officer and Presenting Officer. Enquiry Officer submitted its report on 09.01.2023 concluding that both the charges levelled against the petitioner found proved and recommended for withholding of two early increments with cumulative effect. Copy of enquiry report is filed as Annexure P-7. Report was submitted before the Collector, who, upon considering the report submitted by Enquiry Officer, has issued notice to petitioner on 11.05.2023 along with copy of enquiry report and called for reply. Petitioner submitted his reply and thereafter Collector Sarguja has recorded that reply submitted by petitioner is not satisfactory and recorded that major penalty is to be imposed, but taking note of Rule 9 & 10 of Rules of 1966 that Collector is having jurisdiction to impose minor penalty, sent the proposal to Commissioner, Sarguja Division Ambikapur for imposing major penalty under Rule 10 of Rules of 1966 vide its letter dated 24.11.2023. Commissioner, Sarguja Division, Ambikapur, thereafter, forwarded the said proposal to Commissioner, Land Records, Chhattisgarh making certain observation therein vide its letter dated 19.01.2024. Vide order Annexure P-10 dated 26.06.2024, Commissioner Land Records Chhattisgarh Raipur has imposed a major penalty of compulsory retirement upon the petitioner. Order of punishment was put to challenge by the petitioner in an appeal before respondent No.1 which came to be dismissed vide order dated 12.03.2025 (Anexure P-1) against which petitioner has filed this writ petition seeki

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2026 Supreme(Online)(Chh) 15210

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURParth Prateem Sahu, JRam Sudin Sahu – AppellantVersusState Of Chhattisgarh – RespondentWPS No. 2397 of 2025

Cases Referred (6)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu, J
Ram Sudin Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 2397 of 2025