Chhattisgarh High Court

Administrative orders cannot modify, stay, or set aside judicial or quasi-judicial orders.

MUKESH KUMAR GUPTA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, serving as Assistant Teachers (Panchayat) for over 15 years, sought regularization and absorption as per State policy

Source reference: para. 1

Following a prior High Court direction in WP(S) No. 8095 of 2018 to consider their claims, the Collector constituted an inquiry committee, but no decision was rendered

Source reference: para. 2

The petitioners filed a revision before the Commissioner, Sarguja Division (Revision No. 162/B-121/2018-19), which was allowed on 18.05.2020, directing the CEO, Janpad Panchayat to regularize their services

Source reference: para. 2

Consequently, the petitioners were regularized in May and September 2020

Source reference: para. 2

However, on 27.01.2021, the Director Panchayat issued an administrative letter directing the District Panchayat not to comply with the Commissioner’s order and to challenge it

Source reference: para. 2

Based on this letter, the CEO, District Panchayat cancelled the petitioners' regularization on 08.02.2021

Source reference: para. 2
02

Issues

Whether an administrative order issued by the Director Panchayat can legally stay, modify, or restrain the operation of a quasi-judicial order passed by the Commissioner in a revision

Source reference: para. 2, 7

Whether the cancellation of the petitioners’ regularization orders by the District Panchayat, based solely on administrative instructions, was legally sustainable

Source reference: para. 7, 9
03

Law Applied

The court relied on the established principle that a judicial or quasi-judicial order cannot be modified, set aside, or stayed by an administrative order.

Source reference: para. 8

It specifically cited the Supreme Court decision in Laxman Purshottam Pimputkar v. State of Bombay and Ors. (AIR 1964 SC 436), which held that when an authority exercises revisional powers (such as under Section 79 of the relevant Act), it acts in a quasi-judicial capacity, and such orders attain finality unless reviewed or set aside by a competent higher judicial authority

Source reference: para. 8
04

Reasoning

The Court observed that the Commissioner’s order dated 18.05.2020 was a quasi-judicial determination made after verifying the petitioners' credentials

Source reference: para. 6-7

The High Court clarified that its previous order in WP(S) No. 8095 of 2018 simply required the authorities to "consider" the case and did not mandate the formation of an inquiry committee, rendering the Collector's delay and the Director's subsequent interference unnecessary

Source reference: para. 5

The Court reasoned that the Director Panchayat lacks the legal authority to deviate from or restrain the implementation of a Commissioner’s judicial order through a mere administrative letter

Source reference: para. 7, 9

While the State holds the liberty to challenge the Commissioner’s order before an appropriate higher forum (such as the State Government), it cannot unilaterally nullify the effect of a judicial order via executive fiat

Source reference: para. 7, 10
05

Holding

The High Court allowed the writ petitions and set aside the Director Panchayat’s order dated 27.01.2021

The Court held that the Director had no authority to modify the Commissioner’s quasi-judicial order

Source reference: para. 9

The respondents were directed to comply with the Commissioner’s directions regarding the regularization and absorption of the petitioners

Source reference: para. 10

The Court granted the respondents liberty to pursue their pending revision/appeal before the State Government

Source reference: para. 10
Chhattisgarh High Court

Original Court PDF

MUKESH KUMAR GUPTAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 24, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment