IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH WRIT PETITION NOI 863’0F 2005 WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA l. PARTICULARS OF THE PETITIONER. / PETITIONER: f Venkat Raman Pratap Singh, S/o Bindeshwar Singh, 'Aged about 29 years, Panchayat Secretary, Gram Panchayat Kendai R/o Village Kendra TehSII Khatghora Dlstrlct Korba (C G ) Versus RESPONDENTS : /"1 State of Chhattisgarh Q9)” Through the Secretary, o7 I Department of Panchayat and .. W Social Welfare, D.K.S. Building, “Mg : III‘..."v 0 Mantralaya, Raipur, Chhattisgarh. \ Swal‘w? z 2. Collector, ‘ 6 Korba (C.G.). Sub Divisional Officer, Khatghora, District Korba (C.G.). a: Chief Executive Officer, Janpad Panchayat, Podhi, Uproad, District korba (C.G.), Gram Pranchayat, Kendai, Through The Sarpanch, Kendai, District Korba (C.G.). XI-HC-78 wvpJw- \8 14W)”. anéwmm ammetm mmwwm $Wanéat W§Hi$ .....‘ ....... “200 amatmmirfaaa) ‘ amm#i%asnést 16.112005 Patitioner by Shri S‘R.J.Jé1yasvval, AdvocatE. ' Respondents No. 1 to 3 by Shri Pankaj Shrivastava, Panel lawyer, Respsndent No.4 by Shri Vinod DeshmukhfAdvoggte. Resporident No5 by Shr r. Subhash Yadav, Advocate. Heam. ' Tho pati‘rioner was appointed as Panchayat Kalmi on 12.81995. Thoreaftor Vide order datod 17.121999 the petitionor 'was dsclared as Panohayat Secretary in Gram Panchayat Kondai, Distn'ct- Kc of the powers under sectio rba by tho Collector in exercise 69(1) of the Chhattiegarh Panchayat Raj Adhiniyam, 1 93 (for sholt ‘the Act, 1993’). The selvices of the. petitioner as terminated. from the post of Panchayat Secretaly vide 0rd r dated 26.2.2005 passed by the Respondent No.5. The petitioner was declared as Panchayat Secretaty by the Co 1993, as such the Respondent terminate the service of the Secretary. The service of the :retary of the Grr—mi Panchayat the provisions of Chhattisgarh ontrol and Appeal) Rules, 1966 a State, ector in exercise of the powers under Section 69(1) of the Act, No.5 has no competence to ‘petitioner from‘ the post of petitioner £ron1 the post of .Seg can be terminated only under Civil Services (Classification, C by the Collector on behalf of th ‘ XI-HC-78 warm, 186 ww’ W mni$ ; mzoo mama-‘5 (W) amiwmRHim ‘ amméetmim mmwamésr «1 / mwm#wm wwmw Learnad ccunsel appezring for the Respondent No.5 candidly admits that imder the provisions of' law th Respondent No.5 has no competence or jurisdiction to remove the petitioner d‘om the post of Panchayat Secrataxy as; the petitionér was declared as Panchayat Socratary by the Colloctor on behalf of tho S1ate Govomment undef saction 69(1) ofthe. Act, 1993. Loamad Counsel for the respondentS No. 1 to 3 and 4 admit the above stated positio L1 of law. V In View of the foregoing the petition is allowed and the impugned order dated 26.2.2005 passed by the Respondent No. 5 is quashed. (WM' Certified copy, as per Rules. e