The court confirmed the necessity of following disciplinary procedures in service termination but allowed alternative appeal remedies.

Kota, District Bilaspur., District : Bilaspur, Chhattisgarh ... Respondents For Petitioner : Mr. Shalvik Tiwari, Advocate For State : Mr. Dashrath Prajapati, Panel Lawyer For Respondent No.2 : Mr. Sahdev Yadav, Advocate holding the brief of Mr. S.B. Pandey, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board

15.07.2025

1. By way of this petition, the petitioner has sought the following relief(s):-

“a. That in the facts and circumstances of the case it be held that there was no ground with the respondents to terminate the services of the petitioner under rule 3 of Chhattisgarh Panchayat Service (Conduct) rule, 1998 and in exercise of power of rule 6 of Chhattisgarh Panchayat Service (Discipline and appeal) rule. 1999 and imposed penalty under rule imposed penalty rule 5 (B) of aforesaid rule. 1999 after a resolution of passed on 22.06.2016 by the General Governing Body of Jila Panchayat, Bilaspur and thereafter services of petitioner was ferminated vide Order No.3101/JP/Estb./2016-17 Dated-21.07.2016 (ΑΝNEXURE P-1) without affording proper opportunity.

b. That this Hon'ble court may kindly pleased to quash the termination order ANNEXURE P-1 and be declared as arbitrary. illegal, malatide and unconstitutional which is against the natural justice.

c. That the Hon'ble court may be pleased to issue a writ of certiorari to quash the impugned order ANNEXURE P-1and issue any other appropriate writ or writs, order or orders. direction or directions which may be expedient and necessary in the nature and circumstances of the case.

d. Cost of the petition is allowed to the petitioner.”

2. The facts of the present case are that the petitioner joined as Shiksha Karmi/Science Teacher at Government Middle School, Amali, Tehsil Kota, District Bilaspur, pursuant to the order dated 07.02.2009. An application was moved by the petitioner for transfer of services to the District Raipur as her husband was posted in the District Raipur. A show-

cause notice was issued to the petitioner on 21.10.2014, according to the provisions of Rule 3 of the Chhattisgarh Panchayat Services (Conduct) Rules, 1998 (for short ‘the Rules of 1998’), as she remained unauthorizedly absent from 18.06.2013 to 21.10.2014 without prior permission of the authorities.

3. The petitioner filed a reply to the show-cause notice, wherein it was stated that she was staying along with her husband at Raipur, and she was sick at that time, and her daughter was born on 18.09.2014. The petitioner approached respondent No.2 on 11.11.2014 and sought permission to join the services. Respondent No.2 sent a joining order dated 27.04.2015, but it was not served upon the petitioner; therefore, she could not join the services. A show-cause notice was issued to the petitioner on 05.10.2015. She again moved an application seeking permission to join her services on 06.04.2016. On 08.04.2016, the petitioner sent an application through registered post showing her willingness to join the services.

4. The petitioner was provided the opportunity of a personal hearing by respondent No.2 on 15.05.2016. The petitioner also moved an application before the Collector on 18.06.2018. Respondent No.2 vide order dated 21.07.2016 terminated the services of the petitioner, and against the said order, this petition has been preferred.

5. Mr. Tiwari, learned counsel appearing for the petitioner would submit that a major penalty has been inflicted on the petitioner pursuant to Rule 5(b) of the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 (for short ‘the Rules of 1999’) pursuant to a resolution passed by the General Administration Committee of Zila Panchayat, Bilaspur dated 22.06.2016. He would further subm