1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT APPEAL No. . W/2010 - a (Arising out of the order dated 06—01—2010 passed. by the learned Single Judge of this High‘ Court, Hon’ble Justice Shri Satish K. Agnihotri in W.P. (S) 3639/2009) K APPELLANT : K. M. Khare, S/o. Shri C. B. Khare, Aged about 63 years, R/o. House A/l, ”.9 9\N V‘OWw 25 Bunglow Colony, Behind Gazebo ' 39" Hotel, Vyapar Vihar Road, Bilaspur (co) \J\ VERSUS RESPONDENTS: (1) State of Chhattisgarh, through its Water Resources Department, D.K.S. Bhawan, Raipur (cs) Secretary, (2) Engineer—in-Chief, Water Resources Department, State of Chhattisgarh, Civil Lines, Raipur (C.G.) (3) §ate of Madhya Pradesh, through the Principal Secretary, Water Resources Department, Mantralaya, Bhopal (M.P.) WRIT APPEAL UNDER SECTION 2 11! OF THE CHHATTISGARH HIGH COURT [APPEAL TO DIVISION BENCHI ACT, 2006 /, HIGH COURT OF CHHATTISGARH AT BILASPUR. DIVISION BENCH: HON'BLE SHRI I.M.QUDDU5I & HON'BLE SHRI PRASHANT KUMAR MISHRA .T.T WRIT APPEAL NO.44 OF 2010 Appellan‘r/ K.M. Khare \L\ \ Pe‘rifioner‘ Vs Respondents Sfa’re of C.G. & o’rher's Presenf: Mr‘. P.S. Koshy, Advoca‘re wi’rh Mr‘. Vinod Deshmukh, Advocate for ’rhe appeHan‘r. Mr'. Sumesh Bajaj, Gov’r. AdvocaTe with Mr'. Aji’r Singh, Panel Lawyer for fhe respondenf-Sfa‘re. ORAL JUDGMENT (Passed on 8"“ April, 2010) I.M. Quddusi, J; 1. Heard on admission. 2. Wi’rh The consen’r of ’rhe parTies, we dispose of This appeal a’r The admission sTage iTself, as we feel ThaT iT wiH be unnecessary To keep This wriT appeal as well as issue pending any more. 3. Since The quesTion involved in This case is regarding disposal of The deparTmenTal appeal preferredby The wriT appellanT before The Governor of Madhya Pradesh before ifs reorganiza‘rion and ThereafTer' before The GoVernor of ChhaTTisgarh and .ThaT The order passed by The Under SecreTary, GovT. of ChhaTTisgarh daTed 13.4.2007 (Annexure P-Z) on The subsequenT appeal preferred by The wriT appellanT before The Governor of ChhaTTisgarh was passed afTer The prder passed by This CourT on 04.12.2006 l‘r. in W.P.($) No.6592/06, we'feel ThaT There is no need of filing any reTurn in ThaT regard as This CourT is noT going T'o adjudicaTe The maTTer relaTed To The wriT appellanT and \ \‘\ only considering ’rhe quesTion of faking decision in ‘rhe appeal on meri‘rs by ’rhe appellate au’rhorify as per- rules. 4. This wri‘r appeal has been filed againsT the impugned order da’red 06.1.2010 passed by The learned Single Judge in W.P. (S) No.3639/09 dismissing ’rhe wri1’ pe‘ri’rion. 5. Brief fac‘rs of ’rhe case which are relevan‘i for The purposes of disposal of fhis writ appeal are fhai the petitioner/writ appellant, who was working as Executive Engineer in Bannsagar Project, Water Resources Department, Sagar (MP), was awarded punishment pursuant to department proceedings to the effect of withholding of five increments with cumulative effect vide order dated 29.5.2000 paSSed by the erstwhile State of Madhya Pradesh against which he preferred an appeal before the 'Governor of Madhya Pradesh. However, thereafter M.P. Reorganization Act, 2000 came into force w.e.f. 1.11.2000 and consequently, the services of the writ appellant have been allocated to the State of Chhattisgarh. His suspension was revoked vide order dated 16.5.2002 and he was reinstated in Service and posted as Executive Engineer in the office of Superintending Engineer, Minimata Bango Canal, Division-2, Janjgir. 6. After the reorganization of the State of M.P., it is not known as to what has happened to the appeal pending before the Governor of Madhya Pradesh. However, learned counsel for the writ appellant had drawn the attention of this Court towards the letter No.665/Ra.Sa./2000 dated 10.10.2000 issued by Ithe Governor Secretariat to the Principal Secretary, Govt. of Madhya Pradesh, Water Resources Department, Bhopal referring the Said appeal for necessary action. Copy of this letter was also sent to the wrif appellant with an endorsement as Sr. ,/"i No.666/Ra.$a./2000 da‘red 10.10.2000 wi‘rh The direc’rio-n ‘rha’r he should con’racf The Wafer Resources Department According ’ro fhe wri’r appellam‘, he Tried To conTacT The WaTer Resources DeparTmenT beTween 2000 and 2001 buT no acTion was Taken on his appeal. . Thereaffer, The wriT appellonT preferred represenTaTion before The SecreTary, WaTer Resources DeparTmenT, STaTe of ChhaTTisgarh, Raipur on 30.9.2003 menTioning ThaT his daTe of reTiremenT is near and he should be exoneraTed so ‘ThaT he may noT geT financial loss. ThereafTer, again when he was To reTire in nexT Two monThs, he filed anoTher represenTaTion on 25.5.2004 before The Governor, STaTe of ChhaTTisgarh, Raipur menTioning The aforemenTioned facTs and reference of The leTTer daTed 10.10.2000 issued by The Governor SecreTariaT of M.P. To The WaTer Resources DeparTmenT, Bhopal. WiTh This repreSenTaTion he had also filed cerTain documenTs including copy of appeal preferred before The Governor of Madhya Pradesh and The leTTer daTed 10.10.2000 senT by The DepuTy SecreTary To The Governor wiTh regard To ThaT appeal. .UlTimaTely, he filed wriT peTiTi'on bearing W.P. (s) No.6592/06, which was dismissed in limine vide order daTed 4.12.2006 which is quoTed'herein below:— SmT. Anju Ahujo, Dy. GovT. AdvocaTe STaTe/ respondenTs No.1 & 2. None for respondenT no.3. Heard. PeTiTioner has-filed This peTiTion againsT The impugned order daTed 29-5-2000 (Annexure P-7) passed by The STaTe GovernmenT for iTs quashmenT. If .is noT dispuTed ThaT on disciplinary proceedings final orders imposing penalTy passed by The STaTe 2‘ “4.12.2006 shri Vijay Deshmukh, counsel for The peTiTioner. Governmen‘r are appealable and wifhouf Taking ’recourse of The appeal, pe‘rifione‘r‘ has come before ’rhis Cour? To sfep in under Ar‘ricle 226 of fhe Consfifufion of India. In view of ’rhe above, The pefi‘rion is Iiuble To be dismissed summarily and is accordingly dismissed in Iimine. However, peTiTioner, if advised, may prefer an appeal before The appropriaTe auThoriTy in accordance wiTh law and afTer disposal of ’fhe said appeal, if exigency arises, may approach This CourT To sTep in under ArTicle 226 of The ConsTiTuTion of India." .AfTer The order of This CourT, The wriT appellanT preferred anoTher appeal on 23.1.2007 before The Governor of STaTe of ChhaTTisgarh, buT unforTunaTely ThaT appeal was noT TaggedwiTh his represenTaTion daTed 25.5.2004 addressed To The Governor of ChhaTTisgarh enclosing his iniTial appeal filed before The Governor of Madhya Pradesh and copy of IeTTer daTed 10.10.2000 issued by The Governor 'SecreTariaT in ThaT regard, and wiThouT considering The earlier documenTs and wiThouT seeing ThaT The peTiTiOner/wriT appellanT acTed in accordance wiTh The direcTion issued by This CourT on 4.12.2006, his appeal was rejecTed on The ground of delay vide order daTed 13.4.2007 (Anne’xure‘P-Z) 10. In view of above, we feel ThaT aTleasT The wriT appellanT's grievance should be heard aT any sTage and iT should noT remain unheard and if The same remain unheard, iT will be an injusTice To him as he has acTively acTed in preferring The appeal in The year 2000 iTself before The Governor of The Madhya Pradesh which remained undecided. IT is seT principle of naTural,ju'sTice ThaTva person should -11. noT be lefT gremediless, Therefore, considering The facTs and circumsTances of The case, we quash The impugned order daTed 13.4.2007 (Annexure P—2) passed on behalf of The Governor of ChhaTTisgarh menTioning ThaT The appeal is no‘r mainTainable being barred by T‘ime as The same is preferred after 5-6 years. I’r is furTher directed ’rha‘r appeal of fhe wri‘r appellam‘ along with all previous documen’rs shall be processed and decided afresh by ’rhe appella‘re au‘rhorify in accordance wi’rh law. 12. The brder da‘red 06.1.2010 passed by The learned Single Judge in W.P. (S) No.3639/09 sfands modified +o The above exfen‘r. However, we may make i’r clear 1‘ha1 we have no’r considered fhe meri’rs of fhe caSe or The validiTy or jusTificaTion of The punishmenT awarded To The wriT appellanT. 13. The wriT appeal is disposed of accordingly. No order as To cosTs. \f\ CerTified copy as per rules. Ci?