2025:CGHC:55942 Digitally RAGHVENDRAsigned by JAT RAGHVENDRA JAT NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1914 of 2023

1 - Gajendra Kumar Verma S/o Bramha Verma Aged About 37 Years R/o Shyam Nagar Chachoud, Dhuma, Tahsil Fingeshwar, District Gariyaband Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh.

2 - Director Directorate Of Public Education, Indrawanti Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh.

3 - District Education Officer Gariyaband, District Gariyaband Chhattisgarh.

4 - Block Education Officer Fingeshwar, District Gariyaband Chhattisgarh.

5 - Principal Government Higher Secondary School Dhuma, District Gariyaband Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Shikhar Sharma, Advocate.

For Respondent/State : Mr. Rahul Tamaskar, G.A.

(Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

17.11.2025

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

“10.1 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned letter of removal/ separation dated 14-12-2022 (Annexure P-1) and impugned advertisement (Annexure P-2).

10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities particularly the respondent No.5 to let the petitioner work in his place of posting.

10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.”

2. Brief facts of the case is that, respondent No.1 issued a letter dated 08-03-2011 to respondent No.2 directing the appointment of Part-Time Sweepers in various schools of the Education Department and instructing that such appointments be made by the respective Principals or Head Masters. Pursuant to the said direction, respondent No.5 appointed the petitioner to the post of Part-Time Sweeper vide order dated 19-04-2011 and, through a letter of the same date, informed respondent No.4 of such appointment, since then, the petitioner has been discharging his duties honestly and diligently without any blemish, and has been receiving salary from the State authorities through the Treasury Department of Chhattisgarh. In the year 2022, an incident of theft occurred in the school premises and the petitioner was wrongly implicated, resulting in registration of an FIR, for which he has obtained bail and the criminal trial is presently pending. Thereafter, on 14-12-2022, respondent No.5 issued a letter unlawfully removing the petitioner from service on the ground of the pending accusation, without affording any opportunity of hearing, despite the petitioner having rendered continuous service for 11 years, and merely on the basis of registration of an FIR. Subsequently, respondent No.5 issued an impugned advertisement inviting applications from 10-01-2023 to 18-01- 2023 for the post of Part-Time Sweeper in Government Higher Secondary School, Dhuma, even though the petitioner had been serving in the said post for 11 years and no conviction or adverse finding has been recorded against him, rendering the action arbitrary and illegal. Being aggrieved, the petitioner issued a legal notice dated 20-01-2023 to respondent No.5 submitting that his removal was without any lawful basis, made merely on suspicion, in violation of principles of natural justice, and requesting that no fresh appointment be made in his place while the trial is pending.

Hence, this petition is being filed.

3. Learned counsel for petitioner submits that the impugned termination order is arbitrary, unjust, and has been passed in gross violation of the principles of natural justice. He further submits that the impugned action of respondent No.5 in separating the petitioner from government service is wholly arbitrary, illegal and violative of the principles of natural justice, as no order of conviction has been passed against the petitioner and he h