The cancellation of a regularized government appointment without adhering to the principles of natural justice, specifically by denying the employee an opportunity of hearing or a show cause notice, is arbitrary and legally unsustainable.

1. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner assails the impugned order of dismissal dated 13.07.2023 (Annexure P-1) passed by respondent No.3/Commissioner, Durg Division, whereby the appointment of the petitioner to the post of Assistant Grade-III, which was earlier made vide order dated 19.11.2019, has been cancelled. The petitioner has prayed for following relief(s) :-

“10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 13-07-2023 (Annexure P-1).

10.2 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 are that the petitioner, a resident of the State of Chhattisgarh, is duly qualified, possessing a postgraduate degree along with a Postgraduate Diploma in Computer Application, and has also cleared the Certificate in Hindi Shorthand. It is the case of the petitioner that he had been working as a daily wager for the last about 15 years in Janpad Panchayat, Gunderdehi, on the post of Data Entry Operator. Upon a vacancy arising on the post of Assistant Grade-III, the petitioner submitted an application dated 29.07.2019 before the President, Janpad Panchayat, seeking appointment on the said post (Annexure P-2). The said application was placed before the General Administration Standing Committee in its meeting scheduled on 07.08.2019, wherein, after due consideration of the petitioner’s candidature along with two other candidates, the petitioner was found most suitable and a unanimous resolution was passed recommending his appointment (Annexure P-4).

3. Thereafter, the resolution of the General Administration Committee was placed before the General Body of Janpad Panchayat, Gunderdehi, which approved the same after due deliberation (Annexure P-5). On the basis of the said resolutions, the Chief Executive Officer, Janpad Panchayat, Gunderdehi, forwarded the proposal to the Collector, District Balod, vide communication dated 17.09.2019 (Annexure P-6). It is submitted that the Collector, Balod, as well as the Chief Executive Officer, Zila Panchayat, Balod, accorded their approval for appointment of the petitioner, as is evident from the relevant note sheets and proceedings (Annexure P-7).

4. Pursuant to the aforesaid approvals, the petitioner was appointed to the post of Assistant Grade-III vide order dated 19.11.2019 (Annexure P-8), and he joined his duties and continued to discharge the same with utmost sincerity and dedication. Subsequently, a complaint was made before the Commissioner regarding the petitioner’s appointment, which was forwarded to the Collector, Balod, and thereafter to the Chief Executive Officer, Zila Panchayat, Balod, vide letter dated 17.01.2023 (Annexure P-9). Upon inquiry, the Chief Executive Officer, Zila Panchayat, Balod, submitted a detailed report dated 23.01.2023, concluding that the petitioner’s appointment was made after due scrutiny, following the prescribed procedure, and with the approval of the competent authorities (Annexure P-10).

5. However, despite the aforesaid position, the petitioner was taken by complete surprise upon issuance of the impugned order dated 13.07.2023 (Annexure P-1) by respondent No.3, whereby the petitioner’s appointment dated 19.11.2019 has been cancelled. The petitioner contends that the said action has been taken in an arbitrary and illegal manner, without affording any opportunity of