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HIGH COURT OF CHHATTISGARH
Amitendra Kishore Prasad
Girdhar Nishad S/o Late Mahangu Ram Nishad – Appellant
Versus
State Of Chhattisgarh – Respondent
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 no
Procedural fairness is essential in disciplinary actions; failure to follow prescribed inquiry procedures renders termination invalid.
The main legal point established in the judgment is the requirement for a formal inquiry before dispensing with the service of a Panchayat servant, as mandated by Rule 7 of the Chhattisgarh Panchayat....
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 ....
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
The removal of a Gram Pradhan must comply with statutory inquiry procedures, and failure to do so renders the removal order illegal.
Disciplinary proceedings must adhere to procedural rules and principles of natural justice, ensuring the charged employee has the opportunity to defend themselves.
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
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