Murlidhar Jaiswal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 7917 of 2019 Murlidhar Jaiswal S/o Late Shri Kewal Prasad Jaiswal Aged About 58 Years Presently Posted and Working as Sub Inspector Police Station City Kotwali Bilaspur Chhattisgarh.

---- Petitioner(s)

Versus

1. State of Chhattisgarh Through the Secretary Department of Home Mahanadi Mantralaya Naya Raipur Post Office and Police Station Naya Raipur District Raipur Chhattisgarh.

2. Director General of Police, Police Headquarters Chhattisgarh Raipur Chhattisgarh.

3. Inspector General of Police Bilaspur Range District Bilaspur Chhattisgarh.

4. Superintendent of Police District Bilaspur Chhattisgarh. ---Respondents For Petitioner :

Shri Swajeet Singh Ubeja on behalf of Ms. Astha Shukla, Advocate.

For State :

Shri P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30.09.2019

1. Challenge in the present writ petition is to the charge sheet dated 06.09.2018 initiated against the petitioner.

2. Challenge is on the ground that the respondent authorities have not complied with the requirement under Rule 18 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short, Rules, 1966) so far as joint enquiry part is concerned.

3. According to the petitioner, there is another officer namely Ashish Arora, an Inspector in the department who has also been subjected to face similar departmental enquiry for the same charges and the enquiry is being proceeded together by the respondents. However, while holding joint

-2enquiry, the requirement, as is required under Rule 18 of Rules, 1966 has not been complied with.

4. Given the aforesaid limited grievance that the petitioner has, this court is of the opinion that the respondents No.3&4 would ensure that requirement under Rule 18 of Rules, 1966 is complied with and necessary steps in this regard would be taken by the respondents before proceeding further with the Departmental Enquiry.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder