^-<^^. ^ o/ HIGH COURT OF CHHATTISGARH : BILASNJR Writ Petition (S) No. 4980 of 2008 Petitioner Jitendra Kuiaar Sahu, aged 26 years^ S/o {AppeUant) Shri Dwarika Prasad Sahu, R/o Vill^e - Pawaui, Tehsil - Bilaigarh, Distdct Raipur (C.G.) Versus Respondents 1. The Director, Paachayat, Chhattisgarh, H.Q. Raipur 2. Chief Executive Officer, Distdct Paachayat, Raipur, District Raipur (C.G.) WRIT FTITION UNDER ARTICLE 226 OP THE CONSTITUTION OF INDIA (SB: Hon'ble Shri Satish K. Agnihotri J.) Shri P. K. Tulsiyan, Advocate for the petitioner. Shri Arviad Dubey, Panel Lawyer for fhe respondents. ORDER (Passed on this 23rd day ofApril, 2009) The petitioner, by fhis petition, impugns fhe order dated 16.8.2008 (Anaexiire P/1), passed by fhe Director, Paachayat, Chhattisgarh, Raipur in Appeal No. 398/B. 121./06.07). Learaed counsel appearing for fhe petitioner submits fhat pursuaat to tihie advertiseineut issued by the respondent No<2 fhe petitiouer appUed for fhe post of Shiksha Karmi Grade-II. By oider dated 22.10.2005 (Aimexure P/3) fhe petitioner was appomted on fhe post of Shiksha Karnii Grade-II and was posted at Middle School, ParsapaU, Block - Bilaigarh, District Raipur, where he joiaed his duties on 28.10.2005 (Annexure P/4). Thereafter, by order dated 19.5.2006 (Annexure P/5) the services of fhe petitioner was termiaated on fhe ground fhat he failed to produce fhe original certificate m respect of sports activities. Beiag aggrieved, fhe petitioner filed Writ Petitiou No. t^ I; 644/2007, which was withdrawn on 22.8.2007 with liberty to file aa appeal. The appeal filed by fhe petltioner was disxnissed by flie iinpugned order dated 16.8,2008 (Annexure P/1). Thus, fhis petition. Learned counsel appearing for the petitioner submits fhat fhe case offhe petitioner is squarely covered by the judgments and orders passed by fhis Court m Ku. Puaam and others v. State of ChhattisgEurh & others1 and ia Mrttyunjay SliulKla & others Vs« Munictpal Corpoyation Raipur & others2 , as neifher aay show cause uotice was issued nor aa opportuiiity of heariag was afibrded to fhe petitioner before passuig of fhe termiaation order dated 19.5,2006 (Annexure P/5). Learaed counsel appearmg for fhe State fau:ly submits that ftie issue iavolved ia this case asto whefher the petitionery who is Shiksha Karmi, has been afiforded an opportunity of hearing before termiaation froin his post, cacne iato consideration before this Coiut in fhe matter ofKUe Punam (supra), wherem fhis Court obserured as under: "21. Applying weU setUed principle of law to the facts of fhe cases, fhere is a common thread that fhe principle of natural justice is not unruly horse. The prmciples of uatural justice are reqiured to be coinpUed wifh, haviag regard to fhe facts situation obtauied thereia, Thus, fhe principles of natural justice nxay not be required to be followed ia fhe cases, where fhe facts are admitted. Secondty, fhat it is practicaUy impossible or hJ4ghly unprobable to afford aa opportunity of hearing, ia the event, of quashiag of selection on account of irregularity commiitted on inass scale, or en-inasse caiiceUation, Thirdly, no usefal purpose woiild be served by affordiag an opportunity of heariiig.w 1 2008 (2) CGLJ 366 2 2009 (1) C.G.L.J. 97 '^••"'T'.'.- -^- In the matter of Mrityuiijay Shukla (supra) fhis Court as under "22. Applyiag well settied prmciples of law to fhe facts of the present case whercm fhe ptitoners wcrc removed from services wifhout complymg wifh fhe principles of xxatural justice when fhe petitioners have already served for morc fhan 5% years. The petitioners caanot be fhrown out on the ground that they did not have fhe requisite quaUfication at fhe time of appoiatiiieut Even if fhere is lack of requisite quatfc&cation, fhe petitioners are entitled to show cause notice to put fonvard fheir cases," Having regard to flie facts situation of fhe case and fhe judgiaents aad orders passed in Ku. Puiiam (supra) aad Mrityunjay Shukla (supra), fhe impugned order dated 16.8.2008 (Annexiire P/ 1) is quashed. The matter is remaaded back to fhe Director, Paachayat, Chhatdsgarh, Raipur for decision afresh, in the l^ht of the dicta laid down by this Court ia fhe above referred judgnients aad orders, The petition is atlowed to fhe above extent No order asto costs. Thakur Sd/- Satish K. Agnihotri Judge