;J IN T E HOV BLh ulGd COJnI Of C HAI SGHni AI B¢LAS3U& 'YJ 1T} H F H l~1 Q 7s 3‘ u n k r ? mQ m DH W C 2.C Q D‘ v DH o k 'U C S 11— r mE 2D aushlk, “ged ¢bout v2 years Secreuary 3 Gram‘P¢nchayat Kar 5a;g, Blogn‘Offlce $ SahaSpur Lahara, Tahsil andVDistrict 4,- véasg I us", ‘ gEspoNDEr- *éte of Chha»ttisg;rh » Th;oJ9h— The 3&cretary Pancnayat and Rule Development UepartmgnL D.A.o. Bhqwen, G a. o 3a70ur (U.u.) sub U;v Signal Gfllcer, Kamldha (c e ) a " Collector, Kawardha (C.G.) 3&‘pancha, Gram Paéhayé€lr Karesara, B{9é§ Office Sahaépu: Lohara sii and Di-strici 343.) ' ' M Eunom UNDER ARTLCLL: ' ‘ : w I JTmNoF 1NDIA,’ K gg V Qd( I ‘ , ' ‘ p 2 m XI-HC-22 responden‘rs No.1 +0 3. The pe?i‘rioner has preferr‘ ad this wrif pefi‘i’ion under Ar‘ricie 227 of ‘a'he Consfi‘m’rion cf India, whereby The Iegaii'ry and propriefy of orders da'red 28—11-2001 & 20-1— respec‘rively, has been quesi'ioned The case of The pefi‘rioner‘ Panchaya‘f Karmi by responden" - (Annexure P-1), ThereafTer, he has been removed from The said posT on olu‘rion da'i'ed 2—7~2001 passed by Gram removing fhe pe‘l'ii‘ioner from The pos‘f -2. Agai‘ns‘r fhe order dafed 11-7-2001 rhe pe‘i’i‘i’ioner preferred an appeai (Annexure P-3) under 5ec‘Hon 91 of The Madhya Pradesh Panchaya'r RaJ‘ Adhiniyam and fhe same was dismissed by order da‘i‘ed 28-1 11—7-2001 in pursuance of 'i‘he res Sabha, Karesara‘. Copy of order of Panchaya‘r Karmi is Annexure F 2003 passed by responden-rs No.2 & 3 is fhaf ’rhe pefifioner was appoim‘ed as No.4 vide order dated‘11-11-1995 1-2001 (Annexure P-7) by respondanT No.4, againsf which The peTiTioner preferred a revision before respondenT No.3, and The same ground for challenging The impugned 20.1.2003 (Annexure P-9). The was aTso dismissed vide order daTed 1AA. mm WW mmw mm§wm W€%a ‘ §ia1%w3n%$1 29-4-2005 On a men‘l'ion being made, Mr. HB. Agmwal, Senior- e ma‘Her‘ is faken up for hearing. Advocm‘e wiTh Mr. Pankuj Agrawal, Advocafe for fhe peTiTioner. Mr. Sanjay Shyam Agrawai, Govt Advoca‘re for fhe STaTe/ XI—HC-22 WW WW WWW%fWrI-‘agn §5WW K 2.1, t l wder'g is Thu? #he pe‘H-ricnetf ho ’anchaya‘f Karmi wifhou'r following‘ "he 1am]. Therefore, ‘S'he above ordq Rewm has been filed on bah s been removed from The posl’ of fhe due procedure envisaged under ir be quashed. .3 in which H' has been men‘rioned 1 alf of 1he Siale/respondenfs No.1 To ‘r‘om The pos'l' of Panchaydf Ke nvisaged in fhe scheme framed b4 nd vide Annexur'e P-16 an amendmt‘ I have heard learned counsel for The peTiTioner argued ThaT The Learned Senior Advoca‘l’e ervices of Panchayaf Karmi are go verned by The ChhaTTisgarh PanchayaT ervice (Discipline and Appeal) Rules, 1999. In This case, iT is admiTTed JcTed as per Rule 7 of The‘ aforesaid ’haT The peTiTioner' has been removed rmi afTer following The procedure I The STaTe on 12ll‘ SepTember, 1995, :hT was incorporaTed from 6-1-2001. for The parties. osiTion ThaT no enquiry was condl ules. Having heard learned coun. hrough The record, iT is admi' anchayaT Karmi are governed by Discipline and Appeal) Rules; 199i DaTel vs. STaTe of ChhaTTisgarh and Thers (W.P.No.594/2003), orden‘ passed on 15lh March, 2004, for is a major penalTy, enquiry envisaged moval of PanchayaT Karmi which is mandaTory, and if any PanchayaT ncler Rule, 7 of The Rules, 1999 :el for The parTies and having gone Hed posiTion ThaT The services of The ChhaTTisgarh PanchayaT Service l As has been held by This CourT in e maTTer of Prakash Chandra (illsW) XI—HC—22 3am, WWJ§EW W 19 b w .SP‘ m5 W 200B W Wan WW mtr%a mmmw ‘3 R WW&'WW égmm Karmi is removed wifhou‘r conducTing enquiry as envisaged under Rule 7, fhe same is illegal being com‘m y ‘lo The Rules, 1999, and The same is liable lo be quashed. IT is admifred fac'r 'rhaf in fhis case no enquiry has been conducted under fhe Rules, 1999. Therefore, on This score only, i 1’he impugned orders are ligble f0 quashed. In lhe result 'rhe pefi‘lion is allowed and The impugned orders are quashed. The pel’h‘ioner is enfi'l'led for all consequen'lial benefi'rs. Consequen'l'ly, M.(W.)P.No.'779/2003 and I.A.No.2305/2004 S‘l'and disposed of. Par-lies are en‘li'lled for cerTified copy of 'rhis order./ /;/N 7/ / sdl— ADOo Soma L.C.BH Judge