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2026:CGHC:6027

RJAATGHVENDRADsRJAiAigg TnGiteHadl V by EyNDRA

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5766 of 2023

1 - Suresh Kumarr Mandavi S/o Shri Meghnath Mandavi Aged About 45

Years Ex- Assistant Teacher Verg-2, Govt. Primary School, Kuwa, Block

Sahaspur Lohara, District Kabirdham (C.G.) R/o Sabratola, Tahsil

Sahaspur Lohara, District Kabirdham (C.G.).

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary School Education

Department, Atal Nagar, Mahanadi Bhawan, New Raipur C.G. P.S.

Rakhi, District Raipur (C.G.).

2 - Zila Panchayat Kabirdham Through- Chief Executive Officer, District

Kabirdham (C.G.).

3 - District Education Officer District Kabirdham (C.G.).

4 - Block Education Officer District Kabirdham (C.G.).

... Respondent(s)

For Petitioner(s) : Mr. Vinod Kumar Sharma, Advocate.

For Respondent(s)/ State : Mr. Shangharsh Pandey, G.A.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

03/02/2026

1. By way of this petition, the petitioner has prayed for following

reliefs:-

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

quash impugned order dated 30-05-2023 of Commissioner

Durg Division Durg mentioning order dated 06-01-2014 of

Collector Kabirdham and order dated 19-11-2012

annexure P-2 of CEO, Kabirdham and to order the

respondents to reinstate the petitioner in service with all

consequential benefits.

10.2 That, any other relief which the Hon'ble Court deems

fit and proper may kindly also be allowed.”

2. Brief facts of the case, is that, without following the decision of the

High Court of Chhattisgarh in WPS No. 984/2018 decided on

20.04.2018, wherein it was held that the service of an employee

cannot be dispensed with or terminated on the allegation of

misconduct without conducting a departmental enquiry as

envisaged under Rule 7 of the Chhattisgarh Panchayat Service

(Discipline and Appeal) Rules, 1999, the Commissioner, Durg

Division, Durg, while dismissing the revision of the petitioner by

order dated 30.05.2023, failed to consider the said binding

precedent. In the said judgment passed in the case of Rohini Jha

& another, the State Government was directed to conduct

departmental enquiry against authorities who terminate the

services of employees without following the prescribed procedure

under Rule 7. However, the learned Commissioner ignored the

same and upheld the illegal and contemptuous order dated

19.11.2012 passed by the Chief Executive Officer, District

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Panchayat, Kabirdham, and the order dated 06.01.2014 passed

by the Collector, Kabirdham, despite the fact that the termination

order dated 19.11.2012 does not disclose compliance with Rule 7

nor any departmental enquiry having been conducted. As held in

Rooplal Nayak vs. State of Chhattisgarh & Others, reported in

2006 (4) MPHT 99 (C.G.), and referred to in paragraph 3 of the

judgment dated 20.04.2018 in WPS No. 984/2018, such

termination orders are liable to be quashed and the employee is

entitled to all pecuniary and other consequential benefits. Further,

the petitioner belongs to the Scheduled Tribe category and was

not granted any suspension allowance, which also renders the

termination illegal. Therefore, the termination order passed by the

Chief Executive Officer deserves to be set aside, and the orders

dated 08.01.2014 of the Collector, Kabirdham, and 19.11.2012 of

the CEO, Kabirdham, deserve to be quashed, and the petitioner is

entitled to be reinstated in service with all consequential benefits.

Hence, this petition.

3. Learned counsel for the petitioner submits that the petitioner was

appointed as Teacher (Panchayat) in Government Primary

School, Kuwa, Block Sahaspur Lohara, District Kabirdham, and

was removed from service by order dated 19.11.2012 on the

allegation that he had acted in contravention of the Chhattisgarh

Panchayat Service (Discipline and Appeal) Rules, 1999 by

producing a fake and fabricated transfer order bearing forged

signatures. It is further submitted that any order of removal, which

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entails serious civil con