Navratan Prasad Ratrey v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3527 of 2013 • Navratan Prasad Ratrey S/o Shri Chhedilal Ratrey, Aged About 49 Years, Occupation Service, Posted At Upper Division Teacher, R/o Village Middle School Jata, Block Baloda, Police Station Saragaon, Civil And Revenue Distric Janjgir-Champa C.G.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, New Raipur C.G.

2. District Education Officer Janjgir, District Janjgir-Champa C.G.

3. Block Education Officer, Block Baloda, District Janjgir-Champa C.G.

---- Respondents For Petitioner :- Mr. Vinod Sharma, Advocate. For State/Respondents :- Mr. Avinash Singh, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/09/2021

1. Learned counsel for the petitioner submits

that by impugned order dated 27.09.2013 two annual increments of the petitioner have been stopped without giving any opportunity of hearing to him which violates the principles of natural justice and it is liable to be set aside.

2. Learned State counsel supports the impugned order.

3. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also perused the record with utmost circumspection.

4. True it is that stoppage of two annual increments with cumulative effect is minor punishment but without affording any opportunity of hearing to the petitioner the same cannot be done as it violates the principles of natural justice accordingly, impugned order dated 27.09.2013 is set aside and the matter is remitted to the Block Education Officer, District Janjgir-Champa, to pass fresh order after affording opportunity of hearing to the petitioner.

5. With the aforesaid observation / direction the instant writ petition stands disposed off.

Sd/- (Sanjay K. Agrawal) Judge Ankit