2025:CGHC:55585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1029 of 2020 Shivnarayan Kurre S/o Shri Seetaram Kurre Aged About 41 Years R/o Village Kadrewa, Tahsil Khadgawan, District Koriya Chhattisgarh.

... Petitioner.

Digitally signed by Versus AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, 1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat c=IN Date: 2025.11.17 10:35:28 +0530 And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh.

2. Commissioner Mahatma Gandhi National Rural Employment Guarantee Council (Mgnrega) Atal Nagar, Naya Raipur Chhattisgarh.

3. Collector Koriya District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh.

4. Chief Executive Officer Zila Panchayat Koriya District Koriya Chhattisgarh.

5. Chief Executive Officer Janpad Panchayat Khadgawan, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ... Respondents.

For Petitioner : Mr. Navneet Yadav, Advocate.

For Res No.1 to 3 : Mr. Rajeev Bharat, Govt. Advocate.

For Res No.4 & 5 : Mr. Arpit Agrawal, Advocate.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari

Order on Board

14.11.2025

1. This writ petition under Article 226 has been filed by the petitioner for the following reliefs:-

"10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/direction/order commanding the respondents to quash the impugned order dated 22.01.2020 (Annexure-P/1) and to reinstate the petitioner.

10.2 Any other relief(s), which may deems fit, looking to the facts & circumstances of the case may be given to the petitioner."

2. The petitioner was appointed on the post of Data Entry Operator at Janpad Panchayat Khadgawan, District Koriya by respondent No.3 on contractual basis through appointment dated 15.02.2011 (Annexure-P/2) under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA). The petitioner was initially appointed for a period of one year and thereafter his services were extended from time to time.

3. By way of the present writ petition, the petitioner is questioning the legality and validity of the impugned order dated 22.01.2020 (Annexure-P/1), whereby, respondent No.3 has removed/ terminated the services of the petitioner from the post of Data Entry Operator on the ground of gross negligence and financial irregularities. It is alleged by the petitioner that before passing the impugned termination order, no proper opportunity of hearing was afforded to the petitioner and the termination order has been passed as per terms of appointment order and invoking Rule 11 (5) of the Chhattisgarh Civil Sewa (Samvida Niyukti)

Niyam, 2012, by paying one month advance salary. Hence, this petition.

4. Shri Navneet Yadav, learned counsel for the petitioner would submit that

there is clear violation of principle of natural justice as no departmental enuqiry was conducted before passing the impugned order and a stigmatic termination order has been passed by the respondent/Authorities. He also placed reliance in the matter of Swati Priyadarshani Vs. State of Madhya Pradesh¹ to submit that the termination of service of the employee for alleged negligence, misconduct or other disqualification would harm their future career so proper enquiry before termination is mandatory, however, no such procedure has been followed in this case. He further submits that said principle has been reiterated by the co-ordinate Bench of this Court in the case of Praveen Goyal Vs . State of CG and Ors ² and also in the case of Rakesh Roshan Soj Vs. State of CG and Ors ³. He lastly submits that the impugned order is not sustainable and same deserves to be set-aside/quashed and petitioner may be granted all consequential benefits along with backwages.

5. Mr. Rajeev Bharat, Government Advocate and Mr. Arpit Agrawal, learned counsel for the respective respondents would support the impugned order of termination and submit