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2024 Supreme(Chh) 106

GOUTAM BHADURI
Deenbandhu Kaushik S/o Hemcharan Kaushik – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pallav Mishra, Advocate
For the Respondent:Mr. Mr. Amit Verma, Mr. Jitendra Kumar Pali, Advocate.

ORDER :

1) The challenge in this writ petition is to the removal of the petitioner from the post of Gram Panchayat Secretary on the basis of resolution passed by the Gram Panchayat, Munund, under the Panchayat Raj Adhiniyam whereby it is alleged that the service of the petitioner who was working as Secretary of Gram Panchayat, Munund, has been terminated without any due inquiry and without following the procedure established by law.

2) Learned counsel for the petitioner would submit that by resolution dated 14.08.2002 (Annexure P-4) the petitioner has been removed from the post of Secretary on the basis of resolution of the Gram Panchayat. He would submit that once the petitioner was appointed as a Secretary Gram Panchayat, his services would be governed by Chhhattisgarh Panchayat Service (Discipline and Appeal) Rules 1999 wherein rule 5(b) prescribed the major penalties of removal from service not disqualifying for future employment and the procedure has been prescribed under Rule 7 which puts an embargo that before dispensing with the service by way of termination/dismissal of service procedure to follow the provisions of Rule 7 of the Rules 1999 would be mandatory to hold a depart

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