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2026:CGHC:6358

Digitally

signed by

YOGESH NAFR

YOGESH TIWARI

TIWARI Date:

2026.02.04

18:38:18

+0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5731 of 2023

Rakesh Dewangan aged about 44 years, S/o Shri Salik Ram

Dewangan, Ex Assistant Teacher Panchayat, Govt. Primary School

Patpar, Block Sahsapur Lohara, District Kabirdhar Chhattisgarh.

... Petitioner

versus

1 - State Govt. of Chhattisgarh Through The Secretary, School

Education Department Ministry, Mahanadi Bhavan, New Raipur P.S.

Rakhi Chhattisgarh. District Raipur Chhattisgarh.

2 - State of Chhattisgarh Through The Secretary Department of

Panchayat And Ruled Development Ministry Mahanadi Bhawan, New

Raipur P.S. Rakhi, Chhattisgarh District Raipur Chhattisgarh.

3 - Collector, District Kabirdham Chhattisgarh.

4 - Zilla Panchayt Kabirdham, Through Chief Executive Officer,

Kabirdham, District Kabirdham.

5 - Chief Executive Officer, Janpad Panchayat Sahaspur Lohara, District

Kabirdham Chhattisgarh.

6 - District Education Officer, Kabirdham Chhattisgarh.

7 - Block Education Officer, Sahaspur Lohara District Kabirdham

Chhattisgarh.

... Respondents

(Cause-title taken from Case Information System)

For Petitioner : Mr. Vinod Kumar Sharma, Advocate

For State/Respondents : Mr. Sangharsh Pandey, Government

No.1 to 3, 6 and 7 Advocate

For Respondents No.4 & 5 : Mr. Aniruddha Shrivastava, Advocate on

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behalf of Mr. Shaleen Singh Baghel,

Advocate

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

04.02.2026

1. By filing the instant writ petition, the petitioner has prayed for

following relief(s) :-

“10.1 That, this Hon'ble Court may kindly be

pleased to order quashing of impugned order

dated 14-03-2023 of learned Commissioner

Durg Division Durg and to cancel order dated

15-01-2016 of CEO Sahaspur Lohara and

order dated 21-07-2016 of Collector and

respondents may kindly be ordered to reinstate

the petitioner with all consequential benefits.

10.2 That cost of litigation and any other relief

which the Hon'ble Court deems fit may kindly

also be awarded.”

2. Brief facts of the case, in a nutshell are that the petitioner was

appointed to the post of Shiksha Karmi by order dated 29.07.2006

issued by the Chief Executive Officer, Zila Panchayat, Kabirdham,

and since the date of appointment, the petitioner continuously

discharged his duties sincerely and to the satisfaction of the

authorities concerned. No adverse entry or misconduct was ever

communicated to the petitioner during his long tenure of service.

While the petitioner was in service, he was abruptly and arbitrarily

removed from employment with effect from 15.01.2016 by order

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passed by the Chief Executive Officer, Janpad Panchayat,

Sahaspur Lohara. The said removal order was passed without

initiating any departmental enquiry and in complete violation of

Rule 7 of the Chhattisgarh Panchayat Service (Discipline and

Appeal) Rules, 1999 (for short, ‘Rules of 1999’), which mandates

issuance of a charge-sheet, holding of a regular enquiry, and

granting reasonable opportunity of hearing to the delinquent

employee.

3. The petitioner, being aggrieved by the arbitrary termination,

preferred an appeal before the Collector, Kabirdham. However, the

said appeal was dismissed by order dated 21.07.2016 in a

mechanical and arbitrary manner, without considering the

fundamental illegality committed by the Chief Executive Officer in

violating Rule 7 of the Rules of 1999.

4. Thereafter, the petitioner approached this Court by filing W.P.(S)

No. 5183 of 2016, which came to be disposed of by order dated

26.09.2016, granting liberty to the petitioner to file an

appeal/revision before the competent authority.

5. Subsequently, the petitioner preferred a revision before the

Commissioner, Durg Division Durg. However, the learned

Commissioner, by order dated 14.03.2023, dismissed the revision

solely on the ground of limitation, without examining the merits of

the case or the grave illegality and contempt involved in the

termination order. Hence, the present petition.

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6. Mr. Vinod Kumar Sharma,