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CGHC010194022026 2026:CGHC:38195 AFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

Order reserved on 20-08-2026 JYOTI Final order delivered on 25-08-2026

SHARMA Digitally signed by JYOTI SHARMA Date: 2026.08.25 Final order uploaded on 25-08-2026

16:42:10 +0530

WPS No. 4177 of 2026

Madhuri Dhirhi W/o Shri Kalim Khan Aged About 36 Years R/o D-138, Rama Life City, Sakri, District- Bilaspur (C.G.)

... Petitioner(s)

versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home Affairs, Mantralaya, Naya Raipur, Post Office And

Police Station Naya Raipur, District Raipur (C.G.)

2. Director General Of Police, Chhattisgarh Police Headquarters, Atal Nagar, Nava Raipur, District Raipur (C.G.)

3. Additional Director General Of Police (Administration) Police Headquarters, Atal Nagar, Nava Raipur, District Raipur (C.G.) 4. Departmental Promotion Committee Through Its Chairman, Department Of Home (Police), Mantralaya, Mahanadi Bhawan,

Raipur (C.G.)

... Respondent(s)

(Cause title is taken from CIS)

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Hon'ble Shri Bibhu Datta Guru, Judge

C A V Order

1. By the present petition the petitioner seeks for following

reliefs:-

I. A writ and/ or an order in the nature of appropriate writ calling the relevant records relating to the petitioner's case for its kind

perusal.

II. A writ and/or an order in the nature of appropriate writ quashing the action/decision of the Departmental Promotion Committee declaring the Petitioner as 'not fit for the posting as Addl. S.P. (in para 10 of Annexure P-2) in violation of the applicable rules (Rules 2005) and by applying an arbitrary and perverse benchmark of fixing 15 marks for a 'Good' valuation on the

basis of ACRs.

III. A writ and order in the nature of appropriate writ directing the Respondent Authorities to consider the case of the Petitioner afresh for posting as Additional Superintendent of Police in accordance with applicable rules and without importing any extraneous or arbitrary benchmark. The Hon'ble Court may further be pleased to direct the respondent authorities for conducting

review DPC, if required for the above purpose.

iv. A writ and order in the nature of appropriate writ directing the Respondent Authorities to consider and decide the petitioner's representation/grievance strictly as per law, in a

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time bound manner, in the interest of justice.

v. Any other relief as deemed fit by this Hon'ble Court may also be granted in favour of the

petitioner.

2. Learned senior counsel for the petitioner submits that the

petitioner is a 2014 batch direct recruit Deputy Superintendent of Police, presently working in the Senior Scale, and has completed the requisite eight years of qualifying service. She, therefore, fulfills the eligibility conditions prescribed under Rule 23 read with Column (4) of Schedule-V of the Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2005 (for short, ‘the Rules, 2005’) for being considered for posting as Additional Superintendent of Police. It is submitted that, while considering the petitioner for such posting in December, 2025, the Departmental Promotion/Screening Committee arbitrarily declared her unfit by applying a benchmark of 15 marks under the head of “Good”, though no such benchmark is prescribed under Rule 23 or Schedule-V of the Rules, 2005. The petitioner had secured four “Very Good” and one “Good” gradings, aggregating 14 marks. Learned senior counsel further submits that, under the prescribed grading system, “Good” carries 2 marks per year, whereas “Very Good” carries 3 marks per year, and therefore the requirement of 15 marks, when applied to five years,

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effectively corresponds to securing the equivalent of “Very Good” grading for all five years. It is contended that the prescription of such a benchmark, having no foundation in the Rules, 2005, is extraneous to the prescribed criteria, arbitrary and violative of Articles 14 and 16 of the Constitution of India, rendering the decision of the Committee unsustainable i