^'^ ol COURT OF CHHATTISGARH AT BILASPUR PETITIONERS RESPONDENTS WRIT PETIT10N (S) No. 464 of2008 1. Sachidanand Nirmalkar 8/0 Late SM Resham Lal Nirmalkar, aged about 25 yeai's, Occupation ~ Service (Shikshakarmi Class - III), R/o Village - Jamhar, Post - Bhithidih, District - Maliasamimd (C.G.) 2, Ku. Saraswati Patel D/o. Gaukax'aii Patel- aged aboirt 19 years, Occupation - Service (Sliikshakaniii Class III, 'Rj'o Village - Chhiipawan, Post - Jhalap, District Mahasamund (C.G.) VERS'US : 1. State of Chliattisgarh, through. Secreta^ Panchayat aiid Socia! Welfare, D.K.S. Bhawasi, Raipur, District - Raipur (C.G.) 2. Director, Panchayat, Raipur, District ~ Raipur (C.G.) 3. Collector, Mahasamund, Distriot - Mahasammid (C.G.) 4. - Chief Executive Officer, Jaiipad Panchayat, Pithora, District - Mahasamund (C.G*) 5. District Educatioii Oificer, Maliasamuiid, District Mahasamund (C.G.) 6; Chief Execirtive Officer, District - Paiichayat Mahasamund, District - Mahasamiind (C.G.) WRIT PETmON LWDER ARTICLE 226 OF THE CONSTnUITON OF INDIA SB: Hon*Me Slui K. Agiriliotri, J. Present: ' Shri Sunil Sahu, Advocate tbr the petitioners. SM Satish Gupta, Govesiiiiie.nt Advocate for the State / re.spondent No. 1,2,3 and 5. O'RALORDER (Passed on 28m day of March, 2608) With tlie consent ofthe parties, the matter is taken up tbr hearisig fmally. 1. The petitioners were appomted as Shiksha Kanai Grade III on 25.06.2007 (Asmexure P/4) at Priniary School, Kliamardadar, and Primaty Schooi- Sargatora- Janpad Panchayat Pithora, District Mahasamurid, respectively. All of a sudden, without affbrdisig any opportumty ofhearmg, the appomtHients ofthe petitioners were cancelled on 04.08.2007 (Annexure P/3) by the Chief 4. Executive.Officer, Panchayat,. Pithora, cn fhe basis ofsome complaint made to the Collector, Mahasamund, Leamed coimsel appeariiig for fhe petitioners fhe question of law as to whether an employee is entitied to show cause notice eveii to fhe genuineness ofth.e dociiment, has already been considered by this Court 'm a batch ofmatter byjudgiiisnt and order dated 14 March, 2008 m W.P.(S) No. 95/2008 (Ku. Pimam & Otbe.rs Vs. State of Chhattisgarh & Others) and other comiected matters. Tliis case is squarely covered 011 the questioii of law, Shri Gupta, leamed Govermiient Advocate gybmits.tllat so far as 'the qyestion oflaw is concemed, it has alreadv been co2isidered aiid decided bvtliis Court in the above stated judgment, However, tlie State be to verify the facts ofthe case. In view of fh.e fbregoing, petition is allowed isi tfae same terms i,e, petitione.rs be afforded an opportimity of heariiig to establish gemimeness, tmfhfulness offbe documents submitted by for obtainmg on the post and to put fon¥ardflie.ir cases before their appointmeiits eariier is cancelled. Ths impugned order dated 20.11.2007 (.^nnexure P/l) 30.07.2007 (Annexiu-e P/2) and order dated 04.08.2007 (Annexure P/3) m respect of the petitioners., shall not be given effect to until the direction mentioned hereinabove, is complied with. Sd/- SatishK.Agnihotri Judge Ajmt