SIHGLEBENCH C^ ^2^^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. ^ 3A^ OF 2009 PETITIONERS 1. Santosh Kumar Chouhan, Aged about 28 Years, S/o Shri Bhimlal Chouhan, Appointed as Shiksha Karmi Grade III at Primary School Ghathadwari R/o Village Bhaisamunda, Post Saragbundia, District Korba, Chhattisgarh ^^2. Smt. Shweta Sarthi, Aged about 24 years, W/o Shri Surendra Sarthi, Appointed as Shiksha Karmi Grade III at Primary School Nonbirra, R/o Qrt. No. MIG 1/120, Pandit Ravishankar Shukla Nagar, Korba, Chhattisgarh ^' - -,.4' 3. Raj Narayan Miri, Aged about 22 years, S/o Shri Bhagwat Prasad Miri, Appointed as Shiksha Karmi Grade III at Primary School Kachora, R/o Village and Post Kothari, District Korba, Chhattisgarh 4. Smt. Pramila Suryavanshi, Aged about 25 years, W/o Shri Ram Gopal Suryavanshi, Appointed as Shiksha Karmi Grade III at Primary School Jheenka, R/o Qrt. No. 19, 15 Block, SECL, Korba, Chhattisgarh 5. Smt. Teras Mahant, Aged about 23 years, W/o Shri Anand Das, Appointed as Shiksha Karmi Grade III at Primary School Nonbirra, R/o Sarvamangala Nagar, Post Durpa, Tehsil Katghora, District Korba, Chhattisgarh 6. Vinod Kumar Rathore, Aged about 24 years, S/o Malik Ram Rathore, Appointed as Shiksha Karmi Grade III at Primary School Amaldiha, R/o Village Dongiya, Post Portha, Tehsil Sakti, District Janjgir-Champa, Chhattisgarh '7. Shahid Mohamed, Aged about 24 years, S/o Shri Jalil Mohamed, Appointed as Shiksha Karmi Grade III at Primary School Dhobipara Sandail, R/o Village and Post Kanki, Tehsil Kartala, District Korba, Chhattisgarh 8. Akhil Sharma, Aged about 23 years, S/o Shri Anant Sharma, Appointed as Shiksha Karmi Grade III at Primary School Budhiapali R/o Village Saragaon, Tehsil Champa, District Janjgir-Champa, Chhattisgarh -^Jt^^ RESPONDENTS ^ . 9. Smt. Premlata Khakha, Aged about 28 years W/o Shri Puran Khakha, Appointed as Shiksha Karmi Grade III at Primary School Purena, R/o Naya Risda, Bhadrapara, Balco, District Korba, Chhattisgarh 10. Lal Chandra Dewangan, Aged about 32 years, S/o Ghasiram Dewangan, Appointed as Shiksha Karmi Grade III at Primary School, Chorbhatti, R/o Qtr. 79, Balginagar, District Korba, Chhattisgarh /11. Umesh Kumar, Aged about 31 years, S/o Bantamuni, Appointed as Shiksha Karmi Grade III at Primary School Chorbhatti, R/o Qtr. No. B/56, Balginagar, Korba, Chhattisgarh ^12. Yogita Rani Bhaskar, Aged about 21 years, D/o Shri Bandhu Bhaskar, Appointed as Shiksha Karmi Grade III at Boys Primary School Umreli, R/o Sheela Parisar, Phase II, Bhartiya Nagar, Bilaspur, Chhattisgarh VERSUS 1. State of Chhattisgarh, Through Secretary, Government of Chhattisgarh, Department of Tribal Welfare, Mantralaya, DKS Bhawan, Raipur, Chhattisgarh ^2. Secretary, Gove.rnment of Chhattisgarh, Department of Panchayat and Rural Development, Mantralaya, DKS Bhawan, Raipur, Chhattisgarh <^^3. Collector, Korba, Chhattisgarh ^^4. Additional Collector, Korba, Chhattisgarh "'5. Chief Executive Officer, Janpad Panchayat, Kartala, District Korba, Chhattisgarh ^6. Block Education Officer, Block Kartala, District Korba, Chhattisgarh WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATUREOF MANDAMUS. CERTIORARI. ORDER OR ORDERS. DIRECTION OR DIRECTIONS OR THE LIKE B ^^- COURT OF CHHATTiSGARH : B1LASPUR WR|T_PETiT!ON{S),NQ,_§3250F20Q9 PmTTlONE^RS Santosh Kumar Chouhan & Others RESEONDENTS Versus State of Chhattisgarh & Others (Wrlt pstltion under Article 226 of the Constitution of India) Singie Bench : Hon'ble Shri Satlsh K. Agnlhotri, •J. Present:- Shri R.S. Marhas, counsei for the petitjoners. Shri M.P.S. Bhat-ia, Dy. Govt. Advocate forthe State ORDER (ORAU (Passed on thls 17tn day of September, 2009) 1.' VVith the consent of iearned coynsel appearing for the parties, the petition is heard flnaiiy. •2. The petitioners are appolnted on the post of Shlksha Karnil Grade - ill by order dated 30-6-2009 (Annexure - P/5). Acco,rding to the learned counsei appearing for the petltloners, recelpt of the appointment orders, the petltioners ioined in their respectsve places of posting. On 29-7-2009 (Annexure - P/1) the Coliector, Korba, In exercise of his power under Section 85 of the Chhattisgarh Panchayat Raj Adhlniyam, 1993 (for short "the AdhJniyam, 1993"), suspended the appolrgtment order, on the ground' t-hat some enquiry is pending. 3. Shri h4arhas, iearned counse! for the petitloners, submJts that the grounds stated'in the order dated 29-7-2009 are not sufficlent to fuifili the requirement of Section 85 of the Adhiraiyarri, 1993. 4. I have heard iearned counsel appearing for the partles, perused the pieadings and the documents appended thereto. 5. it is not a case of canceilatlon of appointment of the petltioners. Hov^ever, Section 85 of the Adhlniyam, 1993 enables the authority to t>. iook into the aiiegations by proper process of iaw. It appears that the enquiry committee has been'constituted, the report of the enqulry committee is awaited and during this period the appolntment order has been suspended. Under these facts, Jt cannot be heid that the impugned order i°s punitlve. However, to comply with the princlples of fair-piay-in-action and the principles of natural justice, it vvouid be appropriate I? the petltioners are given opportunity in the enquiry to put forward their respective cases before the enqusry report is filed and action, if any, thereafter Is taken. With the aforesaid obsen/atlons, the writ petltiosi Is disposed of. Gowri Sd/- Satish K. Agnihotri Judge