HIGH COURT OF CHHAITISGARH AT BILASPUR Writ Petition (S) No. 643 of2009 Dile Ram Khare S/o Shri Chawan Narayan Khare, aged about 41 years, occupation service-Shiksha Karmi Grade 3, posted at Primary School, Ratakhand, Block Lailunga, District Raigarh, resident of Village and Post Pamgarh, Tahsil Pamgarh, District Janjgir Champa (CG). Present : 1. The State of Chhattisgai-h tlirough the Secretary, Department of Panchayat and Social Welfare, Mantralaya at DKS Buildmg, Raipur (CG). 2. The Director, Directorate of Panchayat and Social Welfare, Raipur, Tahsiland District Raipur (CG). 3. The Chief Executive Qfficer Janpad Panchayat, Lailuaga, DistrictRaigarh (CG). PETmON UNDER ARTICLE 226 OF THE CONH'nTUTION OF INDIA) f8B: Hon'ble Mr. Satish K. Aenihotri. J.) Smt. Mala Dubey, Advocate fbr flie petitioner. Shri M.P.S. Bhatia, Deputy Govt, Advocate forthe State. v (Passed on 13"' day ofFefcruary, 2OT9) With fhe consent ofthe pailies, the matter is taken up fbr hearing tinally. On 03.09.2007 (Annexure P/7), the petftioner was appointed as Shiksha Kanni Grade-III on the basis of reeommendations made by the Shiksha Karmi Selection Committee. The appointment order was subjects to, inter- alia, clause 6 and 9, which read as under : "B. ^%raf vf^ vvssrsR-wPRi wft ftiawRMf <CT ^ft^ •yrti4-i ^f$Rf ariterw ^t •^ui's'? *<i'4i u<i41ii, ^ RRft duflci.cfl^ ^ f^g^ WWT-T ^ f&iriW <iN WT<T star t, cft g'ffgST ^rqri? ^-CT 1^ft'^ ^pn ^ ww ^l un v^fs l '•-, arRiRfi^gsT Trf^r yvsm-i ^ ^rfftcr vfa (wyvm.v ^q^T: *nr^? UFPR iraracf ctd'ii 4 uTiff ^T-TT 4. -..^ .•ii? ppgter aH'Rm (Provisional) t ^sn igTRr/upiun1?r g'muilra ^f^a 'qre.'pilr ^ •H^iiild ft?i? ufFt ^ giE;rit.T f ajtT ^ftqra-T q>r.t TR qR q? TRTT ^pfifl t f^ ar^q^rar "tri^ tfsff ai'^'ujeid uj-iuttRi asrai 3[-q fitwsT ?^. 4m ift w*tar ?t. ^ fr^ -^ wr ?iqr ^OT t, Kt ft^T ^ t|>)'f»i •Knv dS.TT 3pT gtIT°TO3 Ut^ri W^ ^ 1^; »!l'((flA| ^wg wfecrT ^ graEiT-rt ^ aiipfcr ^ft *i<l<<i^ urt ^ft u(T ^ra?cft t, ^rtEft ^rfqi^ ^ aiRrftga •ii4Sit) ^ ^qr^ wn11<r <s? ^ On veritication, initially the Superintendent of'Police fbund that there is no criaunal case pending against the petitioner. However, after enquiry, it was found that crime No. 457/04 for having committed ofiences by fhe petitioner is registered with the Police Station, Pamgarh, under section 147,148,149,436,307,327,452,302 and 396 oftodian Penal Code (for short 'IPC'). This fact was not submitted by the petitioner at the time of making application andthereafter also. The petitioner was affbrded proper opportunity of hearing. Show cause notice was given, to which fhe petitioner has submitted his reply. Atter having considered all aspects of the case, the Chief Executive Officer, Janpad Panchayat, Lailunga, Distt. Raigarfa, by order dated 26.09.2008 (Annexure P/l), tenmnated the services of the petitioner, as his appointment was provisional, subject to certain conditions. I have heard leamed counsel appearing for fhe parties, perused tlie pleadings and documents appeaded thereto. It is evident that the appointment was obtained on suppression ofmaterial facts. This is a case of suppression ofmaterial facts and false representation. Thus, the order passed by tiie Chief Exeeutive Officer, Lailunga, tenninating the petitioner Sahu from the post of Shiksha Kanm Grade-III, is just, proper and does not warrant any interference. The petition is devoid ofmerit and is aceordingly dismissed in limine. Consequently, I.A. No. 1, application fbr grant of interim relief, stands disposedof i~— T-T'- Satish K. Agnihotri] Judge