2025:CGHC:58467 RJAATGHVENDRADbRJA yA ig TG it H al V y E s N ig D n R e A d NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8004 of 2023

1 - Santosh Kumar Chauhan Son Of Mehattar Lal Chauhan, Aged About 35 Years Resident Of Chainpur, Tahsil - Kartala, District - Korba, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.

2 - The Collector, Korba, District - Korba, Chhattisgarh. 3 - The Chief Executive Officer, Zila Panchayat, Korba, District - Korba, Chhattisgarh.

4 - The Chief Executive Officer, Janpad Panchayat, Kartala, District -

Korba, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Krishna Kumar Dewangan, Advocate.

For State : Mr. Sakib Ahmed, Panel Lawyer.

(Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

2.12.2025

1. The core issue in the present writ petition revolves around the termination of the petitioner, who was working Employment Assistant. The petitioner has been removed from the said post without giving any opportunity of hearing and without giving any show cause notice. Aggrieved by the aforesaid, the petitioner has approached this Court by way of the present writ petition, seeking the following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby set-aside the impugned orders dated 04.02.2022 and 07.02.2022 and further be pleased to direct the respondent authorities to reinstate the petitioner on the post of Employment Assistant with all consequential benefits.

10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

2. Facts of the case, in a nutshell, are that the present writ petition has been filed assailing the impugned orders dated 04.02.2022 and 07.02.2022 (Annexure P/1) passed by respondents No. 3 and 4 respectively, and duly approved by respondent No. 2, whereby the petitioner has been removed from the post of Employment Assistant without affording any opportunity of hearing or conducting a regular enquiry, in gross violation of the principles of natural justice as well as Rule 7 of the Panchayat Service (Discipline and Appeal Rules), 1999 (hereinafter referred to as “Rules, 1999”). The petitioner was appointed on 28.5.2007 as Employment Assistant on a contractual basis and had been discharging his duties continuously, efficiently, and without any complaint or adverse remark to the satisfaction of his superior authorities. It is stated that in September 2021, the petitioner fell ill and consequently remained absent from duty, having duly informed his superior officers about his illness. Thereafter, on 24.12.2021, respondent No. 3 issued a show-cause notice requiring the petitioner to explain his absence. In compliance, the petitioner submitted his explanation on 31.12.2021, enclosing therewith a medical certificate issued by a competent Medical Officer substantiating his illness and treatment. However, despite submission of a satisfactory explanation and supporting medical evidence, the respondents, without considering the same, without affording any reasonable opportunity of hearing, and without issuing any notice of termination, arbitrarily passed the impugned orders dated 04.02.2022 and 07.02.2022, thereby removing the petitioner from service in utter disregard of the mandatory procedure prescribed under Rule 7 of the Rules, 1999 as well as the settled principles of natural justice. Hence, the present petition.

3. The petitioner submits that the impugned orders dated 04.02.2022 and 07.02.2022 are wholly arbitrary and discriminatory, thereby violating the guarantees of equality, fairness, and protection of life and personal liberty enshrined under Articles 14, 16, and 21 of the Constitution of India. The said orders have been passed by respondents No. 3 and 4 without serving any prior notice of removal or terminati