LAWS(CHH)-2020-9-13

NARESH CHANDRA GUPTA Vs. STATE OF CHHATTISGARH

Decided On September 15, 2020
NARESH CHANDRA GUPTA Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Heard.

(2.) By way of the present petition, the writ of quo warranto is prayed for challenging the appointment of respondent No.3 namely Alok Shukla made on:-

(3.) The facts are, after retirement of respondent No.3, he has been appointed on contract basis by State. The appointment is made by the respondents/State in exercise of powers under Chhattisgarh Civil Services (Contractual Appointment) Rules, 2012 (hereinafter referred to as 'the Rules, 2012'). The respondent No.3 was an officer of Indian Administrative Services and held the different posts in the Government. It is contended that while respondent No.3 was posted as Chairman, Civil Supplies Corporation committed mass irregularities for which after a raid was conducted and an offence bearing crime No.9/2015 was registered by the Anti Corruption Bureau of the Economic Offence Wing and initially charge-sheet was filed against few accused thereafter additional charge-sheet was filed against the respondent No.3 and another on 05.12.2018. It is further contended that since the respondent No.3 was not appearing before the trial Court after filing of the charge-sheet in the year 2018, the First Additional Sessions Judge, District Raipur had issued the arrest warrant against the respondent No.3. Subsequently, the respondent No.3 was granted the anticipatory bail on 16.10.2019 in M.Cr.C.(A) No.788 of 2019.