Order on Board

16/12/2021

1.By way of this writ petition, petitioner seeks to challenge the order impugned dated 08/12/2016 (Annexure P/1) by which respondent No. 5 has imposed major punishment of demotion upon the petitioner under sub-rules (v) and (vi) of Rule 10 of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966.

2.Mr. Rahul Mishra, learned counsel for the petitioner, would submit that no departmental enquiry has been conducted under Rule 14 of the Rules of 1966 before imposing major penalty upon the petitioner. He would also submit that since the Appointing Authority of the petitioner is the State Government, therefore, respondent No. 5 could not have taken any action against the petitioner by the impugned order.

3.Mr. Avinash Singh, learned State counsel, on perusal of the record would submit that despite imposition of minor punishment upon the petitioner, he continued to repeat his misconduct, therefore, respondent No. 5 has demoted the petitioner by the impugned order.

4.I have heard learned counsel for the parties, considered their rival submissions made herein- above and went through the records with utmost circumspection.

5.Admittedly, petitioner h