^^\T ^^ THE HIGH COURT QF CHHATTISGARH AT BILASPl%< W.P.NOP^^^ OF 2003 Snale BaneS PETI1ION&R. Ilesh Kumar Sahu^ S/o Shri Balararo Sahu, AQed about 33 years? Panchayat Karmi/Sachive^ Gram Panchayat, Gorakl-purkala, Sahaepurlohara, Tahsil & fiElstt, Kawardha, (C,G»), V E .8 S V S_ B.sspgiisias 5^" .^'s^ <^w> ^' \\^ ^. 1, State of Chhattisgarh, Through s The Secretary^ Department 6f panchayat and Social Welfare D^K.S^ Bhawan? Raipur, (C.G.). 2, The Collector, Distto Kawardha^ Kawardha^ (C.G.). 3, The S, D.0. (Hevenue,) Kawardha, Distt. Kav^aidha, (C.G.). 4,- Th@ Janpad panchayat, Sahaspurlohara^ Throu@Ir"-sf C.E.O. Distt. Kawardha, (C«G»), contd^2 /2/ 5. Graot PaaGhay^it, Qorakhptirk- ala, Th3:©agh.; Sachiv, jaapad Paeehaylft, Sahaspisr' l©har®,Disiric^.Kawarah®, (C.G.). ^^' WRIT PETITION WDER ^BTXCLE 22^/227 @T SNE CGNSTZTUTiasE OF INDIA FOR ISSUE OF M APPaOPRIAIa t'T ..XN Tffi IATVKE PF MANDAMyS/CERTIORARX £TC. OR SIREOTION/CBISBa IN TNE LIKE NATURE ETC. ;^.; -»^ HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 2973 of 2003 Petitioner Ilesh Kumar Sahu Versus Respondents State of Chhattisgai'ti & othei-s SB; Hon'ble Mr. Justice Satish K»Ag^oiihotari, J Shri H, B, Agaiwal, Senior Advocate witli Miss Saageeta Mishra, Advoeate for the petitioner. Shri Sushil Diibey, Goveniiment Advocate for the respondents NoJ to 3. None for the I'espondlents No, 4 and 5, O^DE^ ( 28th August, 2006) The following order of the Coiut is passed by Satish K. Agnihotri, J. Despite service, none appeared for the respondents No. 4 aiid 5. Heard leamed coiinsel for the petitioner and respondlents No. 1 to 3 and penised the relevant records. 1, The petitioner was appoiiited aa Panchayat Kanni on 12.11.1995 by the Gram Panchayat Gorakhpiirkala, Disti-ict Kawarclha, The petitioi^er coiatiniied to work til1 10.7.2003 when he was removed froiii the post of Panchayat Kaniii and Panchayat Secretaiy. In the ineantime a show caiise notice was issiied withdrawing the charge of Secretaiy from the petitioner. Smce withoiit passing the onler, the charge of the Secretary was withdrawn, the petitioner preferred W.P.No. 1021/2003 in this Court. This Court vide order dated 9,5.2003 disposed of the writ petition with a direction to decide fhe case of tJie petitioner wifliin a month in accordance with law. The respondent No-2 while disposing of the case of the petitioner ia accordauce with law passed the order ofrexnoval ofthe petitioner &'OBI the post of Panchayat Kanni and Secretaiy, ignoring the statiitoiy provisioBS as envisaged m Rule 7 of the CMiattisgarh Panchayat Service (Discipline and Appeal) Riiles, 1999 (for short tfthe Rules, 1999^. 2. It is adiiiitted case of both the sides that the procediire prescribed iinder the provisions of Riile 7 of the Rules 1999 was not coinplied with. Adniittedty, the oiider of removel of the petitioner from fhe post of Panchayat Karmi and Pauchayat Secretaiy is contrary to the stat§itoxy provisions and withoiit following the basic principles of the natural justice by conductiag a proper enqiiiry as provided in RiUe 7 oftheRules, 1999. 3. For the reasons stated above, the oi-der clated 10.7,2002 passed by the respondent No.2 (Annexure P/1) is qiiashed, Tbe I'espondents may proceed against fhe petitioiier, if so advised, in accoidance with law. This order will not come in the way, in the event, enquiry is so initiated. 4. The petition is allowed to the above extent- No order as to costs. Thakur Sd/- Satish K. Agmhotii Judge