2026:CGHC:7632 Digitally VISHAKHAsigned by BEOHAR VISHAKHA BEOHAR NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2324 of 2023

1 - Amarnath Sai S/o. Tani Sai, Aged About 42 Years R/o. Village Chogaribahar P.S. And Tahsil Bagicha District - Jashpur Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mahanadi Bhawan Atalnagar New Raipur District Raipur Chhattisgarh

2 - Collector, Jashpur District Jashpur Chhattisgarh

3 - Chief Executive Officer Zila Panchayat, Jashpur District Jashpur Chhattisgarh

4 - District Educatin Officer, Jashpur District Jashpur Chhattisgarh

5 - Block Education Officer, Pharsabhar District Jashpur Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. A. N. Pandey, Advocate For State : Mr. D. R. Minj, Dy. Advocate General For Resp. No. 3 : Mr. Kalpesh Ruparel, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

11/02/2026

1. The present petition is filed against the impugned order dated

27.12.2016 (Annexure P/1) passed by respondent No.3 terminating the petitioner from the post of Teacher Panchayat on the allegation of unauthorized absence w.e.f. 18.03.2016. It is submitted that the petitioner had replied to the show cause notice explaining his absence on account of illness and medical treatment; however, the impugned order was passed without conducting any departmental enquiry, without affording opportunity of hearing, and without obtaining approval of the General Administrative Committee of the concerned Zila Panchayat, in violation of principles of natural justice.

2. The present writ petition is being filed seeking following reliefs:-

“10.1 That, the Hon'ble Court may kindly be pleased to set aside of the impugned order dated 17.12.2016 ANNEXURE P/1 passed by the respondent no.3.

10.2 That, this Hon'ble court may kindly be please to direct the respondent authorities to consider and decide the representation of the petitioner within stipulated period.

10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.”

3. Facts of the case, in brief, is that the petitioner was appointed to the post of Sikshakarmi Grade–II by respondent No. 3 vide appointment order dated 26.12.2006. Pursuant to the said appointment order, the petitioner duly joined his services on 14.07.2007 at Government High School, Jagdampur–3, Block Pharsabahar, District concerned, and since the date of joining he had been continuously discharging his duties with utmost sincerity, dedication and honesty, without any prior complaint or adverse remark regarding his conduct or performance. It is the case of the petitioner that on 12.07.2016, an inspection of the said school was carried out by the Cluster Academic Coordinator (C.A.C.). During the course of inspection, it was allegedly found and recorded that the petitioner had remained absent from duty from 18.03.2016 to 12.07.2016 without prior information or sanctioned leave. On the basis of the said inspection report, respondent No. 4 issued a show cause notice dated 01.08.2016 , calling upon the petitioner to explain the alleged unauthorized absence and to submit his reply within the stipulated period. Upon receipt of the said show cause notice, the petitioner submitted a detailed reply, explaining that during the relevant period he was suffering from serious physical ailments, due to which he had to go to his native village for medical treatment. The petitioner stated that he was under continuous medical care and treatment and, on account of his deteriorated health condition, he was unable to attend the school or discharge his official duties.

The petitioner further contended that his absence was neither intentional nor deliberate but was solely attributable to compelling medical circumstances beyond his control. However, despite submission of the said