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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, J.
Tara Sahu W/o Shri Vinod Kumar Sahu – Petitioner
Versus
State of Chhattisgarh – Respondent
W.P. (S) No. 4033 of 2015
Decided On : 21-11-2023
Maternity Leave - Chhattisgarh Panchayat Service (Discipline & Appeal) Rules 1999, Rule 7 - C.G. Civil Services (Leave) Rule 2010 - The court discussed the petitioner's absence from duty, the termination of her services, and the lack of formal inquiry as required by Rule 7 of the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules 1999. The court referred to the case of Vinod Yadav vs. State of Chhattisgarh and Others and highlighted the requirement of a formal inquiry before imposing major penalties. The court set aside the impugned order and directed the reinstatement of the petitioner with all consequential benefits, while allowing the disciplinary authority to proceed in accordance with the law.
Fact of the Case:
The petitioner, a Lecturer Panchayat at a government school, applied for maternity and medical leave. The Chief Executive Officer of Zila Panchayat terminated her services without conducting a formal inquiry as required by Rule 7 of the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules 1999.
Finding of the Court:
The court found that the termination of the petitioner's services without a formal inquiry was without jurisdiction and authority of law, setting aside the impugned order and directing the reinstatement of the petitioner with all consequential benefits.
Issues: The issues revolved around the absence of a formal inquiry before imposing major penalties, the petitioner's entitlement to maternity and medical leave, and the termination of her services without due process.
Ratio Decidendi: The court's decision was based on the lack of a formal inquiry as required by Rule 7 of the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules 1999, and the precedent set in the case of Vinod Yadav vs. State of Chhattisgarh and Others regarding the necessity of a formal inquiry before imposing major penalties.
Final Decision: The court set aside the impugned order and directed the reinstatement of the petitioner on the post of Lecturer (Panchayat) with all consequential benefits, while allowing the disciplinary authority to proceed in accordance with the law.
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:
(ii) That, this Hon'ble Court may kindly be pleased to direct the respondents for her reinstatement on the post of Lecturer (Panchayat) with all consequential benefits, including full wages for the period she is made to remain out of employment.
(iii) That, this Hon'ble Court may kindly be pleased to direct the respondents for grant of interest as deemed fit by this Hon'ble Court over the arrears of full wages as specified above.”
2. Brief facts of the case as projected by the petitioner are that the petitioner was earlier posted as Lecturer Panchayat at Government High School (PWD) Rampur, Korba. He submitted an application on 24.10.2013 before the Chief Executive Officer, Zila Panchayat Korba thereby, request for maternity leave from 25.10.2013. The Accounts Officer, Zila Panchayat Korba vide order Dated 23.01.2014, thereby considered the maternity leave of the petitioner from 25.10.2013 to 22.04.2014 total 180 days. The petitioner submitted an application before the Principal, Government High Middle School (PWD) Rampur vide Dated 01.07.2014 for medical leave. Vide letter Dated 07.04.2015 issued by the Block Education Officer Korba, and sent to the Principal Government High Middle School (PWD) Rampur thereby specifically mention that the petitioner was on maternity leave from 25.10.2013 to 22.04.2014 and 01.07.2014 to 10.03.2015 for medical leave. After medical & maternity leave the petitioner has joined the duties on 11.03.2015.
3. The Chief Executive Officer Zila Panchayat vide its order Dated 10.04.2015 thereby directed to petitioner to submit their written statement on 13.04.2015, as to why the petitioner is absent from 01.07.2014. In response to the order dated 10.04.2015 issued by the Chief Executive Officer Zila Panchayat, the petitioner submitted her clarification on 13.04.2015 before the Chief Executive Officer, Zila Panchayat Korba and mention that on 01.07.2014 to 10.03.2015 she was on medical leave. It is stated that the petitioner has got salary from the period of 16.06.2014 to 30.06.2014.
4. The petitioner submitted the medical certificate from her maternal place i.e. Dharamajaigarh. But it was admitted that the petitioner should submit the medical illness certificate of the Korba itself. Thus, the petitioner submitted a medical certificate (Form-03 & 04) on 17.04.2015 before the Chief Executive Officer Zila Panchayat Korba. The Chief Executive Officer, Zila Panchayat, Korba has again issued a show cause notice vide Dated 27.05.2015 and thereby directed to the petitioner to submit her clarification/reply. The petitioner submitted her reply/clarification before the Chief Executive Officer, Zila Panchayat, Korba in respect of order dated 27.05.2015 issued by the Chief Executive Officer, Zila Panchayat, Korba.
5. The Chief Executive Officer Zila Panchayat Korba vide order dated 15.05.2015 thereby held General Administration Committee meeting on 02.05.2015 as per proceeding thereby specially mention at point 7 the similar situated person i.e. Vijay Laxmi Tiger, Saroj Tirkey & Dhirendra Kumar Sarthi to give notice for they are absent for long time, but their candidature has been considered. The impugned order Dated 03.10.2015 issued by the Chief Executive Officer, Zila Panchayat Korba. As per Rule 31 of C.G. Civil Services (Leave) Rule 2010 and C.G. Panchayat (Discipline & Appeal) Rule 1999, thereby terminated the services of the petitioner for the reason that she is absent for long time.
6. The services of the appellant has been removed as per the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules, 1999, purportedly under Rule 5 (b) Major Penalties. The relevant portion is quoted below for ready refe
The central legal point established in the judgment is the requirement of a formal inquiry as prescribed by Rule 7 of the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules 1999 before imposi....
The central legal point established in the judgment is that termination of service must comply with the principles of natural justice and statutory provisions, as mandated by Rule 7 of the Panchayat ....
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