Procedural fairness is essential in disciplinary actions; failure to follow prescribed inquiry procedures renders termination invalid.

Order :

(Amitendra Kishore Prasad, J.)

1. Petitioner is aggrieved by the impugned order dated 18/09/2017 passed by the Chief Executive Officer, Zila Panchayat, Rajnandgaon, District Rajnandgaon, C.G. by which he has been terminated from the post of Panchayat Secretary, Gram Panchayat, Achanakpur, Bhatapara under Janpad Panchayat Rajnandgaon, District Rajnandgaon, C.G. The petitioner has sought following reliefs in this petition:-

“(i)That this Hon’ble Court may kindly be pleased to issue an appropriate writ by quashing the order impugned dated 18/09/2017 (Annexure P-1) passed by the respondent No.3.

(ii)That this Hon’ble Court may kindly please to call the entire record leading to issuance of the impugned order from the possession of the respondents including the show cause notice and inquiry report if any.

(iii)Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.”

2. The brief facts leading to the disposal of the case are that the petitioner was appointed as Panchayat Karmi and was working as Secretary Gram Panchayat, Achanakpur, Bhatapara under Janpad Panchayat Rajnandgaon. A show cause notice dated 17/04/2017 was issued to him with an allegation that he has committed financial irregularities during various construction work, he was also directed that he is required to file the relevant bills for the expenditure. When the required bills and the show cause notice was not duly replied, he was again sent a notice dated 14/08/2017 with a direction that this would be last opportunity to him to clarify with the allegations made against him. It was also alleged that he has committed financial irregularities worth Rs.14,53,640/-. Though the petitioner has submitted the bills and the certificates, however it was alleged that the petitioner has submitted certificates/bills in respect of the expenditure only to the tune of Rs.5,56,570/- and for the rest of the financial irregularities he has not submitted any bill, however surprisingly, on 18/09/2017 impugned order of removal from service was passed while making allegation of financial irregularities, while invoking Rule 5(b)(vii) of the Chhattisgarh Panchayat (Discipline and Appeal) Rules, 1999 (hereinafter referred to as ‘the Rules of 1999’). The petitioner as well as Sarpanch of concerned Gram Panchayat has moved application before the CEO, Zila Panchayat, Rajnandgaon stating that due to inadvertent mistake they could not file the respective bills in respect of the expenditure, now they are filing the same and as such it may kindly be taken and the action taken against them may kindly be withdrawn, however said application was not considered and vide impugned order the petitioner has been removed from the post of Secretary, Gram Panchayat, Achanakpur. It has been stated by the petitioner that neither due enquiry has been initiated nor he was granted opportunity of hearing before passing of order for removal from service. The financial irregularities as alleged by the petitioner has not been established, however without granting any opportunity of hearing and without following procedures as prescribed under the ‘Rules of 1999’ he has been illegally removed from service, as such the impugned order is liable to be quashed.

3. The respondents No.1 and 2 the State has filed reply while supporting the impugned order and further stating that due procedures have been followed and notices have been issued, however the petitioner has failed to response the notice and he has further failed to prove that no financial irregularities has been committed by him. The CEO Zila Panchayat, Rajnandgaon who has passed the impugned order and the CEO Janpad Panchayat Rajnandgaon has jointly filed their reply to the petition stating that the petitioner has committed financial irregularities and inspite of several notices issued to him as well as the Sarpanch of the concerned Gram Panchayat they have failed to explain