STATE OF CHHATTISGARH THROUGH THE SECRETARY, DEPARTMENT OF HOME, D.K.S. BHAWAN, MANTRALAYA, RAIPUR (CHHATTISGARH) [NOW MAHANADI BHAWAN, MANTRALAYA, NAYA RAIPUR (CHHATTISGARH)] Vs. SANTOSH SHUKLA (DEAD) THROUGH LEGAL REPRESENTATIVE NANDITA SHUKLA W/O LATE SHRI SANTOSH KUMAR SHUKLA, AGED ABOUT 36 YEARS R/O NEAR HOME GUARD OFFICE KUDUDAND, BILASPUR, P.S. CIVIL LINES, TAHSIL AND DISTRICT BILASPUR (CHHATTISGARH)

JUDGEMENT

(1.) This appeal by the State is directed the against judgment dated 29.3.2016 delivered by the learned Single Judge of this Court in Writ Petition (S) No. 6402 of 2008 whereby he allowed the writ petition and directed that the widow of the writ Petitioner be paid back wages.

(2.) The undisputed facts are that the original writ Petitioner Santosh Shukla was appointed as Constable in the 2nd Battalion, Chhattisgarh Armed Forces. It is alleged that on 30.1.2003 when he was posted at Police Station Pamed, District Bastar, there was a quarrel between him and Assistant Platoon Commander and Head Constable. Because the writ Petitioner had misbehaved with his superior officers, the Commandant of 2nd Battalion vide order dated 6.5.2003 imposed punishment of 'censure' upon the Petitioner. This order was sent to the Deputy Inspector General of Police (in short 'DIG') for information. The DIG also happens to be Revising Authority and he felt that the order of punishment of 'censure' was very lenient and directed that departmental enquiry be initiated against the Petitioner. The Learned Single Judge has allowed the writ petition mainly on the ground that order sending the matter for fresh enquiry has been passed without giving opportunity of hearing to the Petitioner.

(3.) The DIG has exercised his powers vested in him under Sec. 270 of the Chhattisgarh Police Regulations, which reads as follows:-