ROSHAN KUMAR GWAL vs STATE OF CHHATTISGARH

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CGHC010427702026 2026:CGHC:46904
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 7989 of 2026
1 - Roshan Kumar Gwal S/o Shri Goverdhan Singh Gwal Aged About 43
Years Teacher (L.B. - Science), Government Upper Primary School,
Chichadi, Sankul Marangpuri, Block - Baderajpur, District - Kondagaon,
Chhattisgarh.
... Petitioner
versus
1 - State Of Chhattisgarh Through Its Secretary, Department Of School
Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal
Nagar, Naya Raipur, District Raipur, Chhattisgarh – 492002
2 - Joint Director Education Division Bastar, Jagdalpur, District Bastar,
Chhattisgarh.
3 - District Education Officer District Kondagaon, Chhattisgarh.
4 - Block Education Officer Block Baderajpur (Vishrampuri), District
Kondagaon, Chhattisgarh.
5 - Block Education Officer Block Makdi, District Kondagaon,
Chhattisgarh.
... Respondent(s)
For Petitioner : Mr. Yogesh Yadav, Advocate
For Respondent/ State : Mr. Vivek Verma, G.A.
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board
05/11/2026

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1. The present writ petition has been filed by the petitioner seeking
following reliefs :-
“(i) Issue a Writ of Certiorari or any other appropriate
writ, order or direction, quashing/setting aside the
Suspension Order No. 4655/2025 dated 23.12.2025
(Annexure P-1) passed by Respondent No. 2, being
illegal, arbitrary and violative of Articles 14 and 21 of
the Constitution of India;
(ii). Issue a Writ of Mandamus or any other appropriate
writ, order or direction, directing the Respondents to
forthwith reinstate the Petitioner in service, with full
salary and all consequential benefits, including
continuity of service and seniority;
(iii). In the alternative, direct Respondent No. 2 to
consider and decide the Petitioner's representation
received on 13.10.2026 (Annexure P-7) by a reasoned
order within a time-bound period fixed by this Hon'ble
Court;
(iv). Pending final disposal of the writ petition, grant
interim relief in terms of the accompanying Application
for Interim Relief;
(v). Award costs of the present writ petition in favour of
the Petitioner; and
(vi). Grant any other relief(s) as this Hon'ble Court may
deem just, proper and equitable in the facts and
circumstances of the case, in the interest of justice.”
2. Learned counsel for the petitioner submits that the petitioner, who
is working as a Teacher and was posted at Government Upper
Primary School, Chichadi, Block Baderajpur, District Kondagaon,

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has been placed under suspension vide the impugned order dated
23.12.2025. It is submitted that respondent No. 2 passed the
impugned suspension order by invoking the provisions of Rule 9
of the Chhattisgarh Civil Services (Classification, Control and
Appeal) Rules, 1966, read with Rule 3 of the Chhattisgarh Civil
Services (Conduct) Rules, 1965, on the ground that the petitioner
had failed to join at his newly assigned place of posting.
Thereafter, respondent No. 2 issued a charge-sheet dated
03.02.2026, alleging certain irregularities on the part of the
petitioner and calling upon him to submit his reply to the charges
levelled against him. Learned counsel submits that the petitioner
submitted a detailed reply to the charge sheet; however, despite
lapse of considerable time, neither has any departmental enquiry
been initiated nor has the suspension order been revoked. He
further submits that the petitioner has already submitted a
representation dated 13/10/2026 (Annexure P-7) seeking
revocation of the suspension order, but the same is still pending
consideration before the competent authority. He, therefore, prays
that a direction be issued to the concerned authority to consider
and decide the said representation within a stipulated period.
3. Learned State counsel submits that if the representation
submitted by the petitioner is pending consideration, the same
shall be examined and decided by the competent authority in
accordance with law, keeping in view the applicable circulars/

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instructions of the State Government as well as the law laid down
by the Supreme Court, within a reasonable period.
4. Heard learned counsel for the parties and perused the material
available on record.
5. Considering the limited prayer made by learned counsel for the
petitioner and without expressing any opinion on the merits of the
case, this petition is disposed of with a direction to respondent No.
2 to consider and decide the petitioner's representation (Annexure
P-7) in accordance with law, on its own merits, expeditiously,
preferably within a period of 30 days from the date of receipt of a
copy of this order.
6. It is made clear that this Court has not expressed any opinion on
the merits of the claim of the petitioner and the competent
authority shall take an independent decision strictly in accordance
with law.
7. With the aforesaid observation and direction, the writ petition
stands disposed of. SD/-
(Bibhu Datta Guru)
JUDGE
Amardeeep