ORDER :

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

“(i) That the Hon'ble Court may kindly be please to quash/set aside the order dated 01/01/2015 (Annexure P/6) issued by the respondent no. 2 and consequentially all orders of the respondents authority be set-aside, which was passed against the petitioner removing her from the post of Rojgar Sahayika and confirming it in appeal.

(ii) That the Hon'ble Court may kindly be please to direct the respondents to reinstate the petitioner alongwith all the back wages and all other consequential and other benefit to the petitioner on the post Rojgar Sahaiyaka.

(iii) That the Hon'ble Court may kindly be please to direct the respondents to produce the entire record pertaining to petitioner case.

(iv) Any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may be awarded in favour of the petitioner.”

2. Brief facts of the case as projected by the petitioner are that, after following due process of law, the petitioner was appointed to the post of Rojgar Sahayika on 08/09/2006, by the Chief Executive Officer, Zila Panchayat, Rajnandgaon. A false complaint and undated complaint was made against the petitioner, Sarpanch and Secretary of the Gram Panchayat Sitakasa that without taking the work they are making payment. Further allegation is that to near and dearer, they are providing the work under the Rojgar Guarantee Scheme.

3. On the complainant a new process had been adopted, which is unknown to law, by the authority and in Jan Sunvaee, the matter was put, without any notice to the petitioner. The Sub Divisional Officer, (Revenue) Dongargaon, come to the conclusion, that there was an irregularities and recommended the disciplinary action against the petitioner and others. On that respondent no. 5 issued a show cause notice to petitioner, Sarpanch, and Secretary vide its notice dated 06/04/2010. Show cause notice for Secretary is being filed herewith for showing that he is still working to the post of Secretary and as per the petitioner knowledge, no action had been taken against the Sarpanch and Secretary and only the petitioner had been targeted, just to give appointment to other person.

4. Further no proper time was given to the petitioner to file the reply and only two days time was granted, that is against the principal of natural justice. All the act was done by the authority with prejudice mind. Thereafter, directly a removal order was passed on 23/07/2010, no inquiry was conducted, nor any opportunity was granted to the petitioner to cross examine the complainant or witnesses to prove her innocence. The respondent no. 5 further not considered, that filling of Muster Roll, is not the duty of the petitioner, and it is the duty of MAT as per the regulation had been framed.

5. Though the reply is filed, but being predetermine, the respondent no. 5 remove the petitioner form service. Without giving proper opportunity of hearing without supplying any documents or enquiry report, and in utter violation of principles of natural justice, the order was passed which is per se illegal and liable to be set aside. No enquiry whatsoever was conducted, no charge-sheet was served, no opportunity was granted to the petitioner to examine or cross examine the witnesses and in the utter violation of principal of natural justice. Being aggrieved with the removal order, the petitioner preferred an appeal to the Additional Collector, and had specifically taken the ground that respondent no. 5 had no jurisdiction to passed the order of removal, the appointment of the petitioner was done by respondent no. 4, and hence the order of removal is without jurisdiction.

6. Further ground was that no enquiry was conducted no opportunity was granted to the petitioner. The respondent No. 6, had given reply in the fav