I-HC—7S y sii^i^ifyiN? w sn^v ititiifi -~t ^sr -^ww^, ®Til<-i'i<»,f°<<y<i'y^< *<l^l*4icb-u^?"^-'^M---^200 3TI^ITf°R? (lj°lf'i«<<^T) /\(VD. n~ ^TOR^Rft?I 3tT^I PETmONER- RESPONDENTS; PETITIONER: RtSPONDENTS: W.F -Ve ^)T^f?T^Tl •41<-(cff ~^ FS^I '(f^^'K ^sffin an^i t.No.4516/2004 Onkar Nath Yadav, S/o Shri Bhagwan Yadav, aged about 20 years, R/o Viiiage Pandrapat, Tehsii Bagicha, District-Jashpur (CG) rsus- State of ChhatSisgarh, ti-"oug" Secretary Panchayat Auvum Grs,T;;n Vikas. Mantraiaya, Raiour. Chief Executive Officer, Zilla Panchayat, Jaspur. Cotlector, Jashpur. Gram Panchayat, Devadand Through' Sarpanch Janpad Panchayat Bagichs, Dlstt. Jaspur. W.f)'.No.4971/2004 -V^rsus- 11. 3. Ram Charan Yadav, S;'o Shr' Sadnu Yadav, aged about 25 yea.'s, R.'o Viilage Sardhapath, Tehsii Bagicha, District Jashpur (CG) State of Chhattisgam, through: Secretary Panchayat Auvum Gramln Vikas. Chief Executive Officer, Ziiia Panchayat, Jaspur. Collector, Jashpur. s^i qn ft;-)i+ '?T8TT 3TT^T sn+iw '^ST ^iiqi^^ »xi|y'|g, rsldl'M^'!, *11*1MI thqi^i •W[. 200 p.1 CT^1Tra?T(- p) TOIIWHfpian^i PETITIONER' RESPONDENTS: PETITIONER: RESPONDENTS: W.P -V w. -V wfeN •qroif-iifost •ri3R?R ^ sifrosn^i Gram Panchayat, Songersa Through' Sarpanch Janpad Panchayat Bagicha, Distt. Jaspur. No.4972/2004 sus- Gopai Ram Yadav, S/o Shri Budhu Yadav, aged about 2S years, R.'o Viiiage Sardhapai'n, Tehsii Bagicha, District Jashpur (CG) State of Chhattisgarh, through: Secretary Panchayat Auvum Gramin Vikas. Chief Executive Officer, Ziiia Panchayat, Jashpur. Collector, Jashpur. Gram Panchayat, Bhadiya Through: Sarpanch (Janpad Panchayat Bagicha), Distt. Jas'npur. No.4576'2004 rsus- Upanand Yadav, S/o Shri Videsni Yadav, aged about 25 ysars, R'o Viiiage Harradipa, Tehsii Bagicha, District Jashpur (CG) State of Chhattisgam, througn; Secretary Panchayat Auvum Gramin Vikas, Mantraiaya, Raipur. f€^ y issi^. 'i VftC^StS \ •te-.J^ ^ST '^ww-'i, »Ti1y'l<D, fqdi-i-iy ^I^IC'IT tflNi^i •WI,200 sn^n TRW ('^^p^r) sn^v ^i [<;-ii«ti n»n3TT^?T SD^Ich TOiTwaft? sn^i ct)!^[ci^1l '^TW^Tf ^f fe^ TfsT^gTC ^3flWT 311^1 PETITIONER: RESPONDENTS: PETITIONER: w. 2. C.hief Executive Officer, Zi!le Panchayat, Jashpur. 3. Collector, Jashpur. 4. Gram Panchayat, Harradipa Through: Sarpanch (Janpad Panchayat Bagicha), Distt. Jashpur. '.No.4560/2004 -Vsrsus- 2. 3. 4 Byasmuni Yadav, S/o Shri Balmukund Yadav, agad about 24 years, R/o Village Mahanai, Tehsil Bagicha, District Jashpur (CG) State of Chhattisgarh, through: Secretary Panchayat Auvum Gramin Vikas, Mantralaya, Raipur. Chief Executive Officer, Zilia Panchayat, Jashpur. Coilector, Jashpur. Gram Panchayat, Mahanai Through: Sarpanch (Janpad Panchayat Bagicha), Distt. Jaspur. AND 3.No.4575/2004 -V Kamal Narayan Yadav, S/o Shri Gopal Yadav, aged about 22 years, R,'o Viiiage Sardhapath, Tehsil Bagicha, District Jashpur (CG) ersus- ^ f. '^CI-HC^-7&; ari^r ^i f<-ii+ w sn^v *tii+ ^sr '^wwii, w-^w'w, hwwy WHWI 9>Wn •W^ 200 SII^TIRW (ijqfgq^tl) TCTW ^lfttf Sffl^I RESPONDENTS: Writ Petitions under Artic Sin_qle_Bench:_HojJ 2S-9.2008:- Shri Ashok Soni, counsei ft Shri Ajay Dwivedi, Oeputl No.1 and 3. Shri Pankaj Shrivastava, c( The aforesaid writ petition^ as common question of law is inv): For the purposes of this| Narayan Yadav V. State of Chhaflti The petitioner was appoirjted .'i/ludi. In pursuance of the un^i Panchayat iUludi the petitioner w^ vicie order dated 28-4-2004 pa^: pre?sr'eci by the petitioner undeil <bT4fd4)'T tTF^ff ^f "fe^ <[^T^K '^'srRnaii^i State of Chhattisgarh, through: Secretary Panchayat Auvum Grarrsin Vikas, Mantraiaya, Raipur. 2. 3. Chief Executive Panchayat, Jaspur. Collector, Jashpur. OfFicer, Z"'a Gram Panchayat, Myd; ThrougT Sarpanch Janpad Panchayat Bagicha, Distt. Jaspur. e 226/227 ofthe Constitution of India) L'bteSiiri Dhirendra Mishra. J. \>T the petitioners. \/ Govt. Advocate 'or the State/respondepts ^unse! for respondents No.2 and 4. are being disposed of by this comnon order l^lved for adjudication of these petitions order, facts of W.P. No.4575/2004 (Kama! |isgarh & others) are being referred. as Panchayat Karmi in Gram Panchayat Inimous resoiution of Gram Sebha of Grs'-n |s removed from the post of Panchayat Karrni |sed by the Gram Panchayat The revision Section 91 of the Panchayat Raj Ad'-.'niysm •-XI-HG{-7S ''-''.' ..•?" 'S T'<<1^1^'4, ®Tl1'M'l<o, fs(dl'y^< 11HCTI (hHlch •W^.200 SIT^I Trw? (lcilj«<'iti) sn^v w R'fi* '^eTT 37T^?T SfTMIch TCiTW^f?CT3II^T <M<lfd<lll 'RRcff ^f l^st ^P>1^TC ^Tsifin aii^i The read v/ith Rule 3 & 5 of the Ruies, 1995 was also dismissed that Gram Sabha is competent tcj Karmi Scheme of the State Gover Learned counsel for the removed from the post of Panct1; notice. He was not afforded a( meeting of the Gram Sabha aj procedure prescribed in convenirjg foltowed. From perusal of the r^ was no justificat'on for holding rr| for removal of the petitioner. Panchayat was in violation of pT'irip Piacing reliance on a decji matter of Rooplal Nayak V. St^te 2006 (4) M.P.H.T. 99 (CG), it removed from the post of departmental enquiry as envi^c Panchayat Service (Discipline petitioner from the post of Panchj of Rule 5(b)(iv) of the Rules conducting reguiar departmental Shri Pankaj Shrivastava, does not dispute that the cases judgment of Rooplal Nayak (Sup|-a) Cht^attisgarh Panchayats (Appeai and Revision) |;y the Collector, Jashpur with an observation remove Panchayat Karmi as per Panchayat Inment submitted that the petitioner has been |ayat Karmi without issuing any show cause (iy opportunity to defend himseif. No valid claimed was held on 19-4-2004, as the meeting of the Gram Sabha has not been ^ply of S.D.0. it would be evident that there (eeting of Gram Sabha or passing resotution entire procedure adopted by respondent ;ip!es of natura! justice and fair piay. ision of Division Bench of this Court in the of Chhattisgarh and others reported in argued that the petitioner could not be Karmi without conducting regular |aged under Rule 7 of the Chhattisgarh Appeal) Ruies, 1999. The removal of the ayat Karmi amounts to major penaity m terms i, therefore, it could not be imposed without inquiry. 'arned counsel for respondents No.2 and 4 |if the petitioners are squarely covered.by the ^as Pa(ichayat artd anfci sv^v ^i h-ii* 'cTSfT STT^T ffi^fiqi 'T=T -<{WM^, »Tl)y'IS, fsKrliyy HWW\ ^^^•••••••••••••--•---•-•--•••--••J^^QQ 5W^V TpRT (ipf^^lsl) wnw^ftaan^i caute Tlhe i have heard learned coun< The fact that no show their removal is not.in dispute. the Gram Sabha without any noti afforded any opportunity to was initiated on account of poli| Satoha was conducted bv the Gr^ 19-4-2004. From perusat of Coilector Jashpur Nagar T'inister concerned against the issued the order dated 1 9-4-2004 and thereafter resolution was !n the result:- fi) W.P. No.4516/2004 is| 2004 passed by tne Collector dated 2-11-; are quashed. (1 W P. No.4971/2004 is order dated 24-3-; Janpad Panchayat 2004 confirming the ^iii' W.P. No.4972/2004 is| order dated 31-3-20Q4 thi<ft<n41i HWfr\i ^f 1^^rl ^.f^i^n ^sifOTsn^r >el for the parties. cau^e notice was issued to the petjtioners before resoiution of their removal was passed bv :e to them behind their back. They were not defefid themselves. It appears that whole action [ical consideration, as meeting of the Grarn |m Panchayat as per the orders of SDO dated dbcument of Annexure-P/3 it is evident that forwarcjed the compiaint received by him froT! the letitioners to the SDO, Bag'cha, who in turn to the Gram Panchayat for doing the needful pasfsed on 27-4-2004. ailowed. The order of removai dated 28-4- (|3ram Panchayat Devdand and ths order of 2)004 confirming the removal of the petitioner lallowed. The order dated 1-5-2004 and the 20C|4 passed by the Chief Executive Officer, Babicha and the order of Coilector dated 2-11- refriova! ofthe oetitioner are guashed. aliowed. The order dated 1-5-2004 and tne passed by the Chief Executive Officer, '3ST "^wwii, ynl'M'is, fs|<rll'y^'(. .'y' *11*(C(T **<T^> TFI.200 31T^T W ft-d'* "tWr w^?r sh*ti^ \ "^- Baive SfI^TT TfW; ('^fy^fl) WW^BfTO 311^1 Janpad Panchayat Baj 2004 confirming the retiova! ^icha and the order of Coilector dated 2-11- ofthe peti.tioner are quashed- /iv) W.P. No.4576/2004 is the Sarpanch, Gram 5-2004 passed by the| Bagicha and the order removal of the petition^ ^ilowed- The order dated 5-5-2004 passed by P|anchayat, Harradipa and the order dated 17- Chief Executive Officer, Janpad Panchayat of Coliector dated 2-11-2004 confirming the |r are auashed. (V) W.P. No.4560/2004 is| 2004 passed by the order of Collector dati petitioner are quashed] (vi) W.P. No.4575/2004 is 2004 passed by the, of Collector dated 2-11i are quashed. Copy of this order be plac| There shali be no orders s^ °^I^E<rf41i •»ff4-T<?rf^f 1^'<^ <f^i^i< ^affinsn^i aliowed. The order of removal dated 4-5- arpanch, Gram Panchayat Mahanai and the id 2-11-2004 confirming the removal of the ailowed. The order of removal dated 28-4- Sfarpanch Gram Panchayat Mudi and the order 11-2004 confirmina the removat of ths petitioner id in other connected matters. s to costs. __-—-'- Sd'- ,Misbra judge