IN THE HIGH COURT OF CHHA’ITISGARH AT BILASPUR WRIT PEHTION N0. 7L92’2...0F 2004 / Amrut Lal Sahu, S/o Late Dayaram Sahu, aged about 4O years, R/o Charbhatta, P.O. Singalpur, Tah. Khairagarh, Distt. Rajnandgaon (C.G.) PETITIONER VERSUS x?“ 1. State of Chhattisgarh; through RESPONDENTS Deputy Director, Panchayat and Samaj Kalyan, Distt. Rajnandgaon (CG) Chief Executive Officer, Janpad Panchayat Khairagarh, Distt. Rajnandgaon,(CG) Sarpanch Gram Panchayat Charbhata, Janpad Panchayat ' Khairagarh, Distt. Rajnandgaon (CG) Gram Sabha Charbhata; through Sarpanch Gram Panchayat Charbhata, Distt. Rajnandgaon (CG) ” k W b\\ ;t§xXaira%%t WRIT PETITION UNDER ARTICLES 22/6/Z%F THE CONSTITUTION OF INDIA > W? m mm$ mam (W) «1200 $ ¢W1€¥f$im - \amanéam _ "' mmmméa mmamm asWwéal SP/F£ 23.09.2005 Mr. AShok Das Vaishna v, counsel for the petitioner. Mrf Vivek Shanna, Panel lawyer for the State] respondent No.1. Mr. Azad Siddiqug, cou Mr. Anoop Mazumdar, 854. The petitioner was a (Annexure P 1). thC petition Section Panéhayat Raj Adhimya Charbhata, Janpad Pancha at Khairagarh, Distt. Rajnandgaon o. 3 and 4 by resolution dated 11.01.2004 resolved to rem ve the petitioner from the post of Paxlchayat Sgcretaxy. O 1, 1 1 .1995 18406. 1997', Secrgtaly Under (C.G.). The re$pondents Panchayat Karmi on ointed as by order dated Thereafter, was appointed as Panohayat the Madhya Pradesh, the Gram Panchayat, (1) of 1993, in asel for the reSpondent No. 2. counsel for the respomients No. 3 Th after, one more resolution was passed on 20.02.2004 by the Gram Sabha, removing the peutioner from service. 'ce vide order dated 13.03.2004 (Annexure P-lO) and order d ted 27.03.2004 (Annexure Fell). Learned counsel for _ the Madhya Pradesh Panch yat Service ‘(Discipline and Appeal) Rules, .1099 provides That oA order imposing, any of the major penalties prescribed in Rul 5 be passed, except after a formal inquiry held in the mann ‘P rsuant thereof, the petitioner haS been removed from the s submits that Rule 7 of petitioner K, provided in the said Rule can be passed. Rule 7 reads as un er :—. ”2,3. e p 9 m, e e e 2N) W?'°7-9 4 m Wqi$' W§IW(W) ,‘maairm‘ ‘ I). ‘aenanéamia? I” \ .mmqgama ,4, wmmamerww asmanzu “7. Proccdurc for 1 ing major penaltics, m s (1) _ No order, impos g on a msmbsr of thc Paxlchayat Service, an of the penalties speciiied in clause (IV) to (via) f rule 5 Shall be passed except after'a formal in uily is held as far as may be, in the manner here' after provided. (2) When. an order f r formal inquny has been made, the disciplin authon'ty: shall frame Dednite charges on th V basis of allegations and shall communicate su 11 charges, along with the statement of the allega 'ons, to the member of the Panchayat Sewice and so require him to submit, within such time as y be specified a Wlitten statement of defence also to state Whether he idesires to be heaxd in g ‘ (3) The person a held shall, for the pulp se of preparing to defence, be permitted to inspe t and take extracts from such records as he ma specify: Provided that such p ssion may be refused if, for reasons to be re orded in writing, in the opinion of the En Onicer such records are not relevant for the p *pose or it is against the public interest to allow his access thereto. (4) ’On receipt of— the written statement of defence or if any suc statement is not received within the. time s ecified, the ' disciplinary authority may hims enquire into such of the charges as are not admitted or appoint an Enquiiy Officer to hol the inquiiy and forward to him' his report and, if advised, his recommendation alon with all the mquny papers. § SP/Fs7200'5‘-‘2o;oo‘o ‘. ' \ a d e i q ' e , 1%)9..m200 z}, mwm(W) , mmm‘ém mamas: (5) The disciplinary any psrson to present ti of the Panchayat Servi with ths assistance Ssrvam of State Govaml, the Enquiry/1 Oiii‘ccr but practitioner for th€ pm nominated by the disc mgaxxi to the circum‘ peimits. (6) If the servant of the {Panchayat Service desires shall be so heard‘ If he sciplinary authority so shall be held by the heard as to' suchof to cross examine the person, to produce do to be heard in person, so desires or if the directs, an oral enq ntary evidence, if any, and to have such witne s called as he may Wish. Provided that the ‘Enqu' (7) At the conclusion on each of the charges together with reasons therefore. (8) The proceedings the inquiry, the Enquiry Officer shall prepam a report of the i11qui1y, recording his findings conducted against the personscharged shall contain a su$cient reCord of‘ ‘ (i) the charges frar led against such person and the statement of allegations; (ii) the written state ent of defence if any; taken in the course of the the oral evidence inquily; (iii) SP/F37200 7 '. ‘mmmanaa r 3e authority may nominate he case in support of the charges before the Enqtliry Officer. The member :e may present his case ‘f any other Panchayat nent Sewant approved by may not engage a legal :pose, unless the person iplihary authority having stances of the case so Enquiry Officer. At suc inquiry evidence shall be e allegations as are not admitted and the persd charged shall be entitled I mess, to give evidence in Oiiicer may, for reasons to be recorded in wntm , refuse to call a witness u' c e i e mani$ ..Vf".LE}.‘..Lo.i?.‘ .-g.n....‘._.‘.;..jv.kqq‘2oo a— m“m? (W) imami$émréa1 ,~ 4 f \aaranéstm " mw#ww mamaa (iv) thedocumentmy idence considéred in th€ course of the in — (v) ' the~ord6rs, if , made by the Enquiry Officer or the dis iph'nary authority as the case may be with egard to the inquiry; (vi) a report setu'ng ut the iindings 011 each charge and the r ons therefore. (9) The Enquiry O$cen, if he is other than the disciplinary authority, s‘hall submit the records of the proceedings mentioned in clause (8) above to the disciplinaly authority , Withont recommendation relah‘ng to the penalty to be imposed. The disciplinaxy authority shall consider the record of the enquiry and its iindings on each charge, havin regard to the findings on the charges and the re 0rd (if the proceedings) if he is of the opinion at any of the penalties speciiied in clauses (iv to (v11) of rule 5 should he imposed; it shall furn to the person charged a copy of the report of the Enquiry Ofhcer, and where the 'disciplin authority is not the Enquiry Officer a- s atement of its findings together with brief re sons for disagreement, if any, with the findings the Enquiry Oihcer (10) The disciplinaly thon'ty shall consider the representation, if a , made by the person‘ charged in response t the notice and determine the penalty, if any, sh ld be imposed and shall pass appropriate order Pn the case. (11) The orders pasised by the disciplinary authority shall he'communicated to the member of the Panchayat’ Sewice, who shall also be. supplied with a copy of the report of the Enquiry Ohicer any g Where, disciplinary authority is not the EnguiiyiOfiicer, a SP7FS/2005F V q e s i ) . u n u WWWW wt“ {01 m200+ 311w ne (W) w? J k $o¥\‘\ In View of the foregoing are quashed axxd it is h€1d t reinstateti with full back wage The petition is accordin gly allowed. No order as to cost. , the impugncd tarmination orders hat the petitioner is entitled to be S. J’H Sd/- Satish K. Agnihotri Judge SPIF$I2005 -2o,oou_ , )i‘x . 9 3N mat—W113; wflolem200+ ' i -~ mwVW(W) $§§§m mmwcmésr L ‘ Wm#w‘m aswma