M.R.Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6219 of 2019

1. M.R. Dhruw, S/o Late Shri P.R. Dhruw, Aged About 56 Years Joint Director, Directorate Of Public Prosecution, Indravati Bhawan, 4th Floor Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Home, Mantralaya, Mahanadi Bhawan, Police Station And Post Rakhi, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

2. Director, Directorate Of Public Prosecution, 4th Floor Indravati Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh ... Respondent(s) For Petitioner :

Mr. Akhilesh Dalpati, Advocate For Respondent-State :

Mr. Ayaz Naved, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 19.08.2019

1. The challenge in the present Writ Petition is to the order Annexure P/1 dated 22.04.2019.

2. At the outset, this Court is not inclined to entertain the Writ Petition for the reason that, what is under challenge is only an order of appointment of an Enquiry Officer and a Presenting Officer. The respondents have not shown any haste in punishing the petitioner. They intend to hold a departmental enquiry with an intention that the petitioner would be able to provide his defence. The Enquiry Officer and the Presenting Officer have been appointed by the impugned order.

3. Given the said fact that, it is only the appointment of Enquiry Officer and Presenting Officer which is under challenge, this Court does not find any strong case made out for interfering with the same. However, since respondents have decided to hold the departmental enquiry and for which they have appointed Enquiry Officer, it is expected that the Enquiry Officer would conduct the departmental enquiry will all fairness after granting reasonable opportunity of hearing to the petitioner.

4.

With the aforesaid direction, the present Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rahul