The termination order was found to be based on alleged irregularities and misconduct, and was quashed due to non-compliance with statutory provisions and denial of the principles of natural justice.

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 Social Welfare Department, Rajnandgaon issued a memo dated 17.2.2003 (Annexure R-2/3) to the Sarpanch-Secretary stating that there were complaints against the Sarpanch and the petitioner-Secretary. The Secretary-petitioner along with Sarpanch was directed to remain present on 19.2.2003 in the office of the Gram Panchayat, Gunderdehi to participate in the enquiry. Pursuant to the said memo the enquiry was held on 19.2.2003 and 25.2.2003 by the Deputy Director, Panchayat and Social Welfare Department, Rajnandgaon wherein allegations of misbehaviour, assault and fighting was proved partly. With regard to the second charge of pendency of criminal case under section 420, it was found not proved. Third charge with regard to leaving the meeting of Gram Sabha was also found proved. Fourth charge with regard to the irregularities in construction of W.B.M. road was also found proved. Fifth charge with regard to irregularity in payment of pension was not found proved. Sixth charge of not holding the meeting monthly was found proved and seventh charge of irregularity in allotment ofIndira Awas was not found proved.

3. On the basis of this enquiry report, the Deputy Director, Panchayat and Social Welfare, Rajnandgaon, vide letter dated 21.7.2003 (Annexure R-1/6) addressed to the Sarpanch, Gram Panchayat Gunderdehi, directed to issue show cause notice to the petitioner and on receipt of the reply, if any General Sabha of the Gram Panchayat being competent, may remove the petitioner from service. Accordingly, the meeting of the Gram Sabha was held on 25.8.2003 (Annexure R-3/8) wherein a reference of the letter dated 21.7.2003 of the Deputy Director was made and it appears that the same was discussed also. The Gram Sabha resolved by majority to remove the petitioner (Secretary) from the post in Gram Panchayat, Gunderdehi.

4. Pursuant to the said Gram Sabha resolution the services of the petitioner as Panchayat Karmi was terminated vide order dated 6.9.2003 (Annexure P/6).

5. Shri Parag Kotecha, learned counsel appearing for the petitioner submits that Rule 7 of the Rules, 1999 provides for procedure before terminating service of a member of Panchayat. In the instant case, the said provisions were not followed, no definite charges were framed and the petitioner was not served with the articles of charges before holding an enquiry leading to termination of the petitioner from his services.

6. Learned counsel further submits that though it was an appointment on temporary basis but the termination order was passed on the basis of certain alleged irregularities found proved in the enquiry conducted by the Deputy Director. The order is stigmatic. The same could not have been passed without following the provisions of law, prescribed in Rule 7 of the Rules 1999.

7. Smt. Anju Ah