2024:CGHC:44108-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 748 of 2024 Sunbajan Dahre S/o Shri Tukaram Dahre Aged About 38 Years Occupation Terminated Assistant Teacher (L.B.) Government Primary Shcool Sahashpur, Block - Saja, District Bemetara, Chhattisgarh, R/o Siyaram Nagar, Potiyakala, District Durg Chhattisgarh.

---- Appellant versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh.

2 - District Education Officer Bemetara District Bemetara Chhattisgarh.

3 - Block Education Officer Saja District Bemetara Chhattisgarh.

---- Respondents For Appellant : Mr. Ashok Patil, Advocate For Respondents : Mr. S.S. Baghel, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble S hri Amitendra Kishore Prasad, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

13.11.2024

1. Heard Mr. Ashok Patil, learned counsel for the appellant as well as Mr. S.S. Baghel, learned counsel, appearing for the respondents.

2. This writ appeal is presented assailing the order dated

20.08.2024 passed by the learned Single Judge in WPS No. 5062/2021 (Sunbajan Dahre vs. State of Chhattisgarh and Others), whereby the writ petition filed by the writ petitioner /

appellant herein was dismissed by the learned Single Judge.

3. The facts of the case according the appellant submits that the Appellant/petitioner was appointed as Shiksha Karmi Grade III, Janpad Panchayat, Ambagarh Chowki, District Rajnandgaon (C.G.) on 06.07.2008, service of the appellant was regularized on 16.05.2011, he was dismissed by the order dated 07.12.2020, passed by respondent No.2 without conducting any departmental enquiry as prescribed under Rule 14 of the C.G. Civil Services (Classification, Control and Appeal) Rules, 1966. The service of the appellant was absorbed in school education department from the Department of Panchayat service and his place posting was at Government Primary School Sahaspur Block- Saja, District Bemetara (Chhattisgarh), as such he has completed 12 years of continued service in the panchayat and school education department. Further, the office of the respondent No. 2 by the order dated 20-8-2018 vide No. 814/st-2/Α.Τ.Ε.(LB)2018 absorbed total number of 2019 assistant teachers panchayat to the school education department in which name of the appellant is mentioned at serial No. 1856 in the list which is already filed as annexure P/4 in the writ petition. The service of the appellant was absorbed in the school education department after duly verification of the service records of the appellant in compliance of the order No. F12- 03/2018/20-2 dated 30-6-2018 passed by the Respondent No.1. Hence, this writ appeal.

4. Learned counsel for the appellant submits that while passing the impugned order, the learned Single Judge has not considered the illegality of the Respondent No.2 while dismissing the writ petition, observed that the service obtained by the appellant on the basis of forge documents. Further, the appellant was a regular government servant, in view of the provisiosn contained under Article 311(2) of the Constitution of India read with Rule 18 of the Fundamental Rules and Rule 11 of the Rules of 1977, departmental enquiry was imperative before dismissing petitioner from service which the learned Single Judge did not consider at all and as such, the impugned order deserves to be set aside in view of the decisions of the Supreme Court in the matters of The State of Assam and others v. Akshaya Kumar Deb, State of Punjab v. Dr. P.L. Singla, Jai Shanker v. State of Rajasthan,, Banaras Hindu University and others v. Shrikant Sunder Lal Kashyap v. State of Chhattisgarh and others. Further, the enquiry contemplated by Article 311(2) of the Constitution of India generally known as a departmental enquiry and the constitutional requirement for a proper enquiry within the meaning of Article 311(2) are basically (i) The civil servant must be informe