^ '"^ ir' IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.l WRIT PETITION No. 4S^A2005 PETITIONER .^°<^' ^y"/i \x c\ \- RESPONDENTS ^-2. Dayaram Lahrey S/o. Shri Tegnuram Lahrey, Age about- 46 years, Panchayat Karmi Ciim- Secretar/y, Grani Panchayat Bataupali "A", Block/ Tahsil- Sarangarh, District- Raigarh (C.G.). VERSUS State of Chhattisgarh, Through : Secretary, Panchayat and Social Service Department, D.K.S. Bhawari, Mantralaya, Raipur (C.G.) Collector Raigarh, District- Raigarh (C.G.). ;<^ j^^s8-1 ^;^/^^' '^^'~ 'o^" 3. Deputy Director, Panchayat and Social Welfare, Raigarh, District- Raigarh (C.G.). 4. Chief Executive Officer, Janpad Panchayat, Sarangarh, Tahsil-Sarangarh, District- Raigarh (C.G.) /' WMT PBTITION UNDBR ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Ll^ HI©HCOURT OF CHHATTESeARH AT BILAS>UR Writ Petition No. 4829 of 2005 Petitioner 'x Doyaram Lcihrey Versus Respondents : Stats of Chhatl'isgar+i <& others Sir^l®Bench: Hon'ble Mr. Justice Scsttsh JC. Agmhotri. Shri K. N. Nande, counsel for the Petitioner. Shri Ajay Dwivedl, Panel hwyer for the respondents No. 1, 2 and 3. Shri Sandeep Dubey, coun^l for the respondent No. 4. ORDER ^IN^, (12th September, 2006) 1. The petstioner was appointed as Panchayat Karms/Secretary in the ^ram Panchcxyat - Bataupati "A", Bbck- Sarangarh, District" Rai9€irh. 2. The petitiorser has fi!ed this petition impugning the order dated 29.8.2005 (Annexure P/l) passed by the Deputy Director. Pcaichayat and Social Welfare, Raigarh, whereby the notification issued under Section 69(1) of 1+ie Chhattisgarh Panchayat Raj Adhiniyam/ 1993, decbring the petitioner-Panchayat Karmi also to act as Secretary of -riie Panchayat hc&s been ccsncelled. Consequently vide order dated 30.8.2005 (Annexure P/2), issued by the Chief Executive Officer, Janpad Ponchayat, Sarangarh, the charge of the Secretary of the 6ram Panchayat - Bataupali "Aw, Block- Sarangarh, Dtetrsct- Raigarh, from the petitjorser has been withdrawn. 3. A Division Bench of this Court 'm Writ Petition No. 1656 of 2004 (Roopla! Noyak Vs. The State of Chhattisgarh <& others) has held that ^ removal of a Secretary from the post of <?ram Panchayat, irsitiaJh/ appointed as Panchayat Karmi would be governed by the provisions of MadhyQ Pradesh Panchayat Sen/ice (DJscipiine and Appeal) Rules, 1999 (for short 'The ftules, 1999'). Withdrawa! of charge of the post of Secretaryr from the petitioner, being Panchoyat Karms, tantamounts to reduction in rank and since 'reduction m rcxnk is a major penaity m terms of Ru!e 5 (b) (iv) of the Rules, 1999, it cannot be imposed without conducting a regutar departmenta! enquiry as envJsaged ynder Rule 7 of the Rules, 1999. 4. It is admitted case that no enqujr^ was conducted before passing the impugned order doted 29,8.2005 (Annexure P/l), The impugned action of the respondents tcsntamounts to removat which is a mGJor penalty ond the same cannot be Jmposed without conducting a regyfor enquiry. 5. For the afore^ald reasons, this petition is albwed and the impugned order dated 29.8.2005 (Annexure P/l) is quo^ed. Consequently. the petitioner is entitted to al! the benefjts, pecunhry and otherwise. 6. It is made dear 1+scit this order wii! not come in the way of the Respondent/^ram Panchcr^at or any other r^spondent, cis the case may be, from initiating the dlscipljnary action against the petstioner, if so advised, m accordance wjth law and in terms of the procedure prescr-ibed in P.ule 7 of the Rules, 1999- Z In the facts and circymstances of the case the parties shaJI bear their own costs. Sd/- Satish K. Agnihotri Judge