Wg¢gyma mzoo’ m m (Wm WWW Wimw‘gém *aifmm PETlTiONER1 RESPONDENTS: ?ET!T?ONER: RESPONDENTS: W‘F’.No.4516/2004 -V€ {sus- -V‘ H'SU3- Shr$ Onkar Nath Yadav. S/o Bhagwan Yadav, aged about 2O years R/o Viiiage Pandrapat Tehsii Bagicha, District-Jashpur (CG) through: Secretary Panchayat Auvum Gramin Vikas. Mantrataya, Raipur. Chief Executive Panchayat, Jaspur. Collector, Jashpur. Gram Panchayat, Devadand Through: Sarpanch Janpad Panchayat Bagicha, Distt. Jasour. Officer, Zilla . ’.No.4971 /2004 Ram Charan Yadav, Slo Shri Sadhu Yadav. aged about 25 years‘ R/o ViHage Sardhapath, Tehsi§ Bagicha, District Jashpur (CG) through: Secretary Panchayat Auvum Gramin Vikas. State of Chhattisgarh, Chief Executive Panchayat, Jaspur. Coliector. Jashour. Officer; Zitla / State of Chhattksgarh, / Wm W W (WW) WET Hi 200 mmm mmm¢sém atmm M ‘.No.4972/2004 PETITiONERi Gram Panchayat, Songersa Through: Sarpanch Janpad Panchayat Bagicha, Distt. Jaspur. Gopal Ram Yadav, S/o Shri Budhu Yadav, aged about 25 years, R/o ViHage Sardhapath, Tehsii Bagicha, District Jashpur (CG) (SUS- V RESPONDENTS: 1. State of Chhamsgarh, through: Secretary Panchayat Auvum Gramin Vikas. ‘ 2. Chief Executive Officer. Zilla Panchayat, Jashpur. 3. CoHector, Jashpur. 4. Gram Panchayat, Bhadiya Through: Sarpanch (Janpad Panchayat Bagicha), Distt. Jashpur. V_\]_.3 No.4576/2004 PETITEONER: Upanand Yadav, S/o Shri Videshi Yadav, aged about 25 years, Rio Viilage Harradipa, Tehsi! Bagicha; We District Jashpur (CG) RESPONDENTS: 1. State of Chhattisgarh. through: Secretary Panchayat Auvum Gramin Vikas, Mantraiaya, Rajpur . m 200 m m (Wu) WWW WW1§fg€Tm %aifaqa1r&$r 2‘ Chief Executive Office Zill Panchayat, Jashpur. 3. Coliect, Jashpur. or Gam Panchayat, Harrad§pa Throuch' Sarpanch (Janpad Pancha;at- Bagicha), Distt. Jasur‘ é { °.No.4560/2004 Byasmuni Yaav, S/o Shri Balmukund Yadav, aged about 24 years, Ro Village Mahanai, Tehsi! Bagicha, District Jashpur (CG) - rsus- : 1. State of Chhattisgarh, through: Secretary Panchayat Auvum Gramin Vikas Mantraiaya, Raipur. Chief Executive Officer, Zilia Panayat, Jashpur. 3. Coliector, Jashpur. 4. Gram Penchayat, Mahanai Through: Sarnch (Janpad Panchayat Bagicha), Distt. Jaspur. AND _.3.No.4575/2004 é Kama! Narayan Yadav, $/o Shri Gopai Yav, aged about 22 years, Ro Viiiage Sardhapath, Tehsii Bagicha, District Jashpur(CG) We. 1 -Versus- m 1H r. a r hp PETlTiONER: d / V e RESPONDENTS . ch pa PETiTiONER: ad i J, ” Wm Wt zoo m w (Wu) Single Bench: Hor 25-9-2008:- Shri Ashok Soni, counseif Shri Ajay Dwivedi, No.1 and 3i 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 Chha isgarh & others) are being referred. The petitioner was appoi ed as Panchayat Karmi in Gram Panchayat Mudi. ’bie Shri Dhirendra Mishra J. 5r the petitioners. Deputy Govt. Advocate for the State/respondents aunsei for respondents No2 and 4. i are being disposed of by this common order Dived for adjudication of these petitions. order. facts of WP. No.4575/2004 (Kama! ln’pursuance of the un nimous resolution of Gram Sabha of Gfam Panchayat Mudi the petitioner w s removed from the post of Panchayat Karmi vide order dated 28-4-2004 pa sed by the Gram Panchayat. The revision preferred by the petitioner unde Section 91 of the Panchayat Raj Adhiniyam harm Wm m nmaY ‘ 1:92?W % 31’fanm RESPONDENTS: 1‘ State of Chhattisgarh, throuah: Secretary Panchayat Auvum GrarEin Vikas, Mantraiaya, Raipur. 2. Chief Executive ' Officer, Ziiia Panchayat, Jaspur. 3. Coiiector, Jashpur‘ 4. Gram Panchayat, Mudi Through: Sarpanch Janpad Panchayat Bagicha, Distt. Jaspur. (Writ Petitions under Artic e 226/227 of the Constitution of India) m 111,200 Wm (Wu) WWW?! Wm fg‘am‘1 %3ima11éw read with Rule 3 & 5 of the Chhattisgarh Panchayats (Appeai and Revision) Ruies, 1995 was aiso dismissed by the Coiiector, Jashpur with an observation that Gram Sabha is competent tc remove Panchayat Karmi as per Panchayat Karmi Scheme of the State Gov Learned counsel for the p itioner submisted that the petitioner has been removed from the post of Panc ayat Karmi without issuing any show cause r notice. He was not afforded a y opportunity to defend himseif. No vaiid meeting of the Gram Sabha a claimed was heid on 19—4-2004, as the procedure prescribed in conveni g meeting of the Gram Sabha has not been followed. From perusal of the r ply of S.D.O. it woutd be evident that there was no iustifioation for hoiding ating of Gram Sabha or passing resotution tor removal of the petitioner. T e entire procedure adopted by respondent Panchayat was in vioiation of pr pies of naturai justice and fair piay‘ Placing reliance on a de ision of Division Bench of this Court in the matter of Roopial Nayak V. St te of Chhattisgarh and others reported in 2e06 (4) M.P.H.T. 99 (CG), it ment e s argued that the petitioner could not be removed from the post of P chayat Karmi without conducting regular departmental enquiry as envi aged under Rule 7 of the Chhattisgarh Panchayat Service (Discipline a d Appeal) Rules, 1999. The removal of the petittoner from the post of Panch yat Karmi amounts to major penaity in terms of Ruieg5~§b)(iv) of the Ruies a quiry. rned counsel for respondents No2 and 4 does not dispute that the cases f the petitioners are squarely covered by the .udgment of Rooptai Nayak (Su a) , therefore, it could not be imposed without conducting reguiar departmental Shri Pankaj Shrivastava W n e i i a n n a Wm 111 zoo mm (Wu) mwm WWI?WW agaimm l have heard !earned coumei far the parties The fact that no show cause notice was issued to the petitioners before their removai is notin dispute. The resolution oftheir removal was passed by the Gram Sabha without any no' to them behind their back. They were not afforded any opportunity to defe d themselves. lt appears that whole action was init§ated on account of poli ical consideration? as meeting of the Gram Sabha was conducted by the Gr m Panchayat as per the orders of SDO dated 19-4-2004. From perusal of d cument of Annexure-P/3 it is evident that Coilector Jashpur Nagar forwar ed the complaint received by him from the minister concerned against the etitioners to the SDO, Bagicha, who in turn issued the order dated 19-4-200 to the Gram Panchayat for doing the needful and thereafter resolution was pa ed on 27-4-2004. in the result:- (i) WP. No.4515J2004 is ailowed. The order of removal dated 28-4- 2004 passed by the ram Panchayat Devdand and the order of 4 confirming the removal of the petitioner Collector dated 2-1 1 are quashed (ii) W P. No.4971/2004 is allowed The order dated 16-2004 and the order dated 24-3-2 passed by the Chief Executive Officer, Janpad Panchayat Ba icha and the order of Coiiector dated 2-1.1— ””2004 confirming the re ova! of the petitioner are quashed, (iii) WP. No.4§72/2004 is aliowed. The order dated 1-5-2OG4 and the cutive Officer, order dated 31-3—20 4 passed by the Chief Exe t e - O 0 . ; a 200 31mm (Wu) mafaam WW WW *Wm Barve (iv) {V} (Vi) Jan’pad Panchayat Bagicha and the order of Collectm dated 2-11- 2004 confirming the removal of the petitioner are quashed‘ WP. No.4576/2004 is wowed. The order dated 5;:3‘2004 passed by nchayat, Harradipa and the order dated 17- the Sarpanch, Gram 5-2004 passed by th Chief Executive Officer, Janpad Panchayat Bagicha and the orde of Coliector dated 2-1 1—2004 confirming the removal of the petition r are quashed. WP. No.456012004 atlowed. The order of removal dated 4-5— 2004 passed by the arpanch, Gram Panchayat Mahanai and the order of Collector dat d 2—11-2004 confirming the removal of the petitioner are quashed allowed. The order of removal dated 28-4- panch Gram Panchayat Mudi and the order 2004 confirming the removal of the petitioner i WP. No.4575/2004 2004 passed by the, of Collector dated 2-1 are quashed. Copy of this order be placed in other connected matters There shati be no orders as to costs. it ‘r 1 -