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RAMESH SINHA, PARTH PRATEEM SAHU
Dishan Singh Dahariya S/o Kalyan Das Dahariya – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of Law And Legislative Affairs – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1.Challenge in this writ appeal is to order dated 01.11.2022 passed by learned Single Judge in Writ Petition (S) No.106 of 2020 whereby writ petition filed by the petitioner/appellant against order of his removal from service passed by the District & Sessions Judge, Durg has been dismissed.
2.Facts relevant for disposal of this writ appeal are that petitioner/appellant was appointed as Stenographer (Hindi) vide order dated 20.03.2018 in the Court of District and Sessions Judge, Durg along with other 11 candidates. It is the case of the appellant that Presiding Officer of Court of 3rd Civil Judge, Class- I Durg where the appellant was sent to discharge his duties has misbehaved with him on 30.01.2019, therefore, a complaint was made to the District Judge, Durg. District and Sessions Judge, Durg issued memo dated 05.08.2019 alleging that the petitioner/appellant has directly sent the photocopy of the complaint dated 01.02.2019 before the Registry of Hon’ble High Court of Chhattisgarh, which is misconduct as defined in Rule 3(3)(d)(x) of the Chhattisgarh Civil Services (Conduct Rules),1965 and punishable under Rule 10 of the Chhattisgarh Civil Services (Clas
Removal of a probationary employee without inquiry violates Article 311 of the Constitution, necessitating due process even for probationers.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
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 ....
Discharge of a probationary judicial officer based on misconduct allegations without a proper inquiry violates constitutional protections, constituting punitive action and inflicting stigma.
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