2025:CGHC:61605 Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8193 of 2023

1 - Laluram Sahu S/o Ganguram Sahu Aged About 55 Years Secretary Gram Panchayat Beltukari, Janpad Panchayat Fingeshwar, District- Gariyaband (C.G.), R/o Ward No. 6, Village Sonasilli, Post Jamgaon, Block Fingeshwar, District- Gariyaband (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Of Panchayat Directorate Vikas Bhawan, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - Commissioner Raipur Division, District- Raipur (C.G.) 4 - Collector Gariyaband District- Gariyaband (C.G.) 5 - Chief Executive Officer Jila Panchayat Gariyaband, District- Gariyaband (C.G.) 6 - Chief Executive Officer Janpad Panchayat Fingeshwar, District- Gariyaband (C.G.)

7 - Sub Divisional Officer (R) Rajim, District- Gariyaband (C.G.)

.... Respondents (Cause-title taken from the Case Information System)

----------------------------------------------------------------------------------------------- For Petitioner :- Ms. A. Sandhya Rao, Advocate on behalf of Ms.

Lata Nayak, Advocate For State :- Mr. Hariom Rai, P.L.

For Respondents No. 5 & 6 :- Mr. R.K. Bhagat, Advocate -----------------------------------------------------------------------------------------------

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

17.12.2025

1. The present petition is filed being aggrieved by the order dated

19.06.2023 passed by respondent no. 5 (ANNEXURE P/1) Chief Executive Officer, Jila Panchayat Gariyaband (C.G.).

2. Subject matter in brief is that the petitioner was duly appointed and is working on the post of Secretary and is presently posted at Gram Panchayat Beltukri, District Gariyaband (C.G.). That the petitioner had already submitted his explanation along with relevant medical reports explaining his absence from office. However, despite the same, the respondent No.5, in an arbitrary and illegal manner, passed the impugned termination order dated 19.06.2023 (Annexure P/1), which is being challenged by the petitioner in the present petition.

3. The petitioner has prayed for following reliefs:-

“10.1 That, the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.

10.2 That, Hon'ble Court may kindly be pleased to allow the writ petition and set-aside the impugned order dated 19.06.2023 (Annexure P/1) passed by respondent no. 5 and further be pleased to direct the respondent authority to reinstate the petitioner in his service with all consequential benefits from the date of termination.

10.3 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.”

4. Brief facts of the case are that the petitioner was duly appointed and is working on the post of Secretary and was posted at Gram Panchayat Beltukri, District–Gariyaband (C.G.). Vide order dated 19.10.2022 passed by the Chief Executive Officer, Jila Panchayat Gariyaband, the services of the petitioner were attached to the office of Janpad Panchayat Fingeshwar, where during the said period the petitioner remained absent due to serious health issues. The petitioner duly submitted applications along with medical prescriptions and medical certificates explaining and justifying his absence. The petitioner also submitted a detailed explanation dated 13.12.2021 to the Chief Executive Officer, Jila Panchayat Gariyaband, stating that due to serious illness he was unable to attend office and further requested transfer to his home village Sonasilli. Thereafter, on 20.10.2022, the petitioner rejoined his duties and informed the Chief Executive Officer, Janpad Panchayat Fingeshwar, in writing about his presence. During this period, a show cause notice dated 18.10.2022 was issued to the pe