Ram La! Sahara, 5/0 Budgu Ram Sahara, aged about 42 years, R/o ViHage—Bamnidih, Tahsi! & Police Sfn’fion—Bamnidih, DisfricfJanjgir- Champa (C.G.) ResQndegfswuz‘lfk/ NON—Hf u State of Chha‘tfisgarh, fhrough the Secremry, Panchayaf, D.K.$. Bhawan, Raipur, Dism'ct Raipur (C.G.); 2‘ fbh-ecfor, ‘Pcnchayat Raipur, 3. Co'Hecfor, Janjgi'r, ‘DistricT—Janjgir— Chief Execufive Officer, Janpad Panchaya'r—Bamnidih, District- Janjgir—Champa (6.6.) Gukzbuddin, S/o Gulam Khan, Sarpanch, Gram Panchayaf Bamnidih, 6. Sub Divisional Officer (Revenue), Champa, Distric‘r Janjgir—Champa hisfritf—Raipur (6.6.) W Champa (CG) \Disirict-Janjgir—Champa (6.9.) (C6) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA r WWWW . Mu; P ($117) MO 9)) 09 m .ai 200 'mmm «imam mm fs‘am / removal order agéinst the 5th respondent after adopting due procedure, after aifordzng due opportunity of hearing and, therefore the orders passed by the Std and the 2nd respondents are perse illegal. He would further submit that in any .case, learned STI and 2nd respondents ought to have remitted back the matter to 6th respondent for decision afresh. 5. Per contra, learned counsel appearing for the respondents submitted that the order passed by both the Courts below is a well reasoned order hased on sound principles of law and deserves to be upheld. 6. I have heard learned co unsel for the parties and perused the record minutely. 7. A careful reading of the record would reveal that neither proper show cause notice was given to theeS‘h respondent nor enquiry was conducted by examining the enquiry ohicer in presence of 5th respondent andeby giving opportunity of adducing evidence to hm. This is also not a case where the facts are admitted and holding enquiry is a empty formality as at no/@oinztiof;time, the 5th respondent was given any opportunity after suppl ' g requisite documents to him and, therefore, in the consi ered opinion of this Court, the 3rd respondent rightly allo d the appeal and the 25d respondent mamgawwwi’w'a Fs/95 11/2008 1,00,000. m c w WQWW 0‘ ’gl M 1H zoo mm mm(m) WWW ((3,. rightly coniirmed the However, since the leveled against the 5th the 3rd and the 2nd res me matter to the 6th they have not done.‘ Therefore, the matter e and it is directed that giving full opportunit; of hearing for fiiing reply to Show cause notice, opport adducing his evidence, accordance with law influenced by the observation, if any, made by this Court. With the above observation, this petition is disposed of WWW WWW WW‘a’wm araimm oxdér passed by the 3rd respondent. allegation of hnancial hregulaxities respondent are of very serious nature, pondents ought to have remitted back respondent for decision afresh which ,s remitted back to the 6th respondent he shall conduct enquiry afresh after mity of examining enquiry o$cer, and thereafter shall pass the order in on its own merit Without being Sd/- a N.K. Agrawal I Judge