Chhattisgarh HC Stays Officer's Demotion, Cites Lack of Prior Notice
Chhattisgarh HC Stays Officer Demotion Over Notice Issue

Chhattisgarh High Court Intervenes in Officer Demotion Case

The Chhattisgarh High Court has stepped in to halt the demotion of a government officer. The court stayed an order from the state government that sought to demote an official from the Tribal Development Department. Justice P P Sahu observed that the demotion proceeded without any prior notice to the officer involved.

Court Grants Interim Relief During Hearing

While hearing the matter on January 15, the court issued formal notices to the state government and other respondents. The bench noted a key fact: the officer had been working in the promoted position since the year 2022. Based on this and other arguments, the court granted interim relief to the petitioner. It also sought detailed responses from all parties involved, pending a further hearing on the case.

Background of the Promotion and Subsequent Challenge

The petitioner began her service as an assistant statistical officer back in 2008. Due to her seniority, a departmental promotion committee, known as a DPC, recommended her for a higher post. Following this recommendation, the Tribal and Scheduled Caste Development Department promoted her in December 2022. She assumed the role of assistant research officer.

However, this promotion did not go unchallenged. Other research assistants within the department filed a legal challenge against her promotion. They also questioned the validity of the DPC's original recommendations. Simultaneously, they submitted a collective representation to the department officials, voicing their grievances.

Department's Review and the Demotion Order

The department reviewed the representation from the other employees. Officials noted that joint seniority lists for several posts, including assistant research officer, had been prepared in 2016 and again in 2020. A revised meeting of the departmental promotion committee was convened on December 11, 2025. This meeting aimed to re-examine the decisions made during the earlier session in December 2022.

After its review, the committee reached a new conclusion. It stated that the petitioner should be demoted. The committee cited a specific reason: a perceived lack of vacancies within the relevant cadre. Following this committee decision, the state government issued a formal demotion order.

Legal Challenge and Court's Reasoning

The officer, aggrieved by this sudden reversal, decided to fight the order. She filed a petition in the High Court through her advocates, Mateen Siddiqui and Narendra Meher. During the hearing, her counsel presented a strong argument. They emphasized that the officer, referred to in arguments, had served regularly in her promoted post since December 2022.

The legal team further contended that the demotion process violated fundamental principles. They argued that demoting an employee without providing prior notice is a clear breach of the principles of natural justice. Natural justice typically requires a fair hearing and an opportunity to be heard before any adverse action.

High Court's Directive and Next Steps

After considering all arguments from both sides, Justice P P Sahu delivered the court's interim order. The High Court explicitly stayed the execution of the demotion order dated December 31, 2025. This action puts the government's order on hold. The court also directed the state government and the other respondents to file their responses. The case will proceed to a further hearing where all aspects will be examined in detail.