As per Hon'ble Shri S.K. Agnihotri, J. :-

1. The present petition filed under Article 226/227 of the Constitution of India impugns the order dated 6.9.2003 (Annexure P/6) passed by the respondent No.3 as being unconstitutional on the ground that the petitioner was not afforded any opportunity of hearing and the order was passed in contravention of the provisions of Rule 7 of the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 (for short 'the Rules, 1999'). It was further prayed that the respondents be directed to allow the petitioner to perform his duties as Panchayat Karmi-Secretary of the Gram Panchayat, Gunderdehi, Block Churia, District- Rajnandgaon.

2. The undisputed facts, in nutshell, are that the petitioner was appointed as Panchayat Karmi on temporary basis on fixed pay of Rs. 500/-p.m. by order dated 22.7.1996 (Annexure P/1). The petitioner was thereafter appointed as Panchayat Secretary in the same Gram Panchayat by the Collector (Panchayat Branch), Rajnandgaon under the provisions of Section 69(1) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 by order dated 10.8.2000 (Annexure P/2). The Deputy Director, Panchayat and Socia