MALIKRAM JAISWAL vs STATE OF CHHATTISGARH

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CGHC010327542026 2026:CGHC:39330
SOURABH
BHILWAR
NAFR
Digitally signed by
SOURABH
BHILWAR
Date: 2026.09.09
11:14:01 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6411 of 2026
Malikram Jaiswal S/o Late Shri Bhagwat Prasad, Aged About 39 Years
Ward Boy, R/o Village - Beltikri, Post - Office Dharasiv, Tahsil And P. S.
Bilaigarh, District Sarangarh - Bilaigarh, C.G.
... Petitioner
versus
1 - State Of Chhattisgarh Through It's Secretary, Department Of Health
And Family Welfare, Mahanadi Bhawan, Mantralaly, P.S. And Post -
Rakhi, Atal Nagar, Nawa Raipur, District Raipur (C.G.)
2 - Chief Medical And Health Officer (CMHO), Office Of Chief Medical
And Health Officer (CMHO) Sarangarh, District Sarangarh - Bilaigarh
(C.G.)
3 - Block Medical Officer (BMO), Office Of BMO, Community Health
Centre, Bilaigarh, District Sarangarh - Bilaigarh (C.G.)
... Respondent(s)
(Cause title is taken from Case Information System)
For Petitioner : Mr. Satish Gupta, Advocate
For Respondent/ State : Ms. Poorva Tiwari, Panel Lawyer
Hon’ble Shri Bibhu Datta Guru, Judge

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Order on Board
08/09/2026
1. The present writ petition has been filed by the petitioner seeking
following reliefs :-
“(i) That, this Hon'ble Court may kindly be pleased to
direct the respondent authorities to produce all the
relevant records relating to case of the petitioner
before this Hon’ble Court for its kind perusal.
(ii) That the Hon'ble High Court may kindly be pleased
to set aside/quash the impugned suspension order of
petitioner dated 21.07.2026 passed by Respondent
No. 2, CMHO, Sarangarh-Bilaigarh (C.G.) (Annexure
P-1).
(iii) That the Hon'ble High Court may kindly be pleased
to direct the Respondent No. 2 (CMHO) and also
Respondent No. 3 (BMO) to release full salary and
other consequential benefits to the petitioner from the
date of suspension to the date of reinstatement of
petitioner.
(iv) That this Hon'ble Court may kindly be pleased to
give suitable compensation to the petitioner for the
mental trauma and agony, harassment and hardships
suffered by him as also cost of the litigation.”

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2. Learned counsel for the petitioner submits that the petitioner, who
was working as a Ward Boy at Community Health Centre,
Bilaigarh, District Sarangarh-Bilaigarh (C.G.), has been placed
under suspension vide order dated 21.07.2026 by respondent
No.2/ Chief Medical and Health Officer (CMHO), District
Sarangarh-Bilaigarh (C.G.). He submits that certain allegations
were levelled against the petitioner, pursuant to which a
preliminary inquiry was conducted, and the petitioner was issued
notice and his statement was recorded. Learned counsel further
submits that the petitioner has not been supplied with a copy of
the preliminary inquiry report despite having sought the same. He,
therefore, submits that the impugned suspension order is arbitrary
and unsustainable in law and is liable to be quashed, with a
consequential direction for release of the petitioner’s salary and
other admissible service benefits. However, at present, learned
counsel submits that the petitioner would be satisfied if he is
permitted to submit a comprehensive representation before the
competent authority, raising all the grounds available to him in law,
including his grievance regarding revocation of suspension, with a
direction to the competent authority to consider and decide the
same expeditiously.
3. Learned State counsel submits that if the petitioner submits a
fresh representation before the competent authority, the same
shall be considered and decided in accordance with law within a
time-bound period.

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4. I have heard learned counsel for the parties and perused the
material available on record.
5. Having considered the submissions of learned counsel for the
parties, and without expressing any opinion on the merits of the
case, this writ petition is disposed of with a direction that the
petitioner shall submit a comprehensive representation raising all
his grievances before the competent authority, within a period of
15 days along with copy of this order and upon receipt of such
representation, the competent respondent authority shall consider
and decide the same by passing a reasoned and speaking order,
strictly in accordance with law, within a period of 30 days
thereafter.
6. It is made clear that this Court has not expressed any opinion on
the merits of the petitioner's claim, and all questions are left open
to be considered by the competent authority.
7. With the aforesaid observation and direction, the writ petition
stands disposed of.
Sd/-
(Bibhu Datta Guru)
JUDGE
$. Bhilwar