YOGESH TIWARI TIWARI Date: 2026.03.17

2026:CGHC:11985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 504 of 2023 Akhilesh Kumar Singh S/o Tikeshwar Singh Aged About 32 Years Presently Posted As Assistant Programmer At MGNREGA, Janpad Panchayat Udaipur, District Surguja (C.G.), R/o Village Bhalu Kachhar, Post Bargawan, Police Station - Darima, District - Surguja, Chhattisgarh. ... Petitioner versus

1 - State of Chhattisgarh Through Secretary, Department of Panchayat And Rural Development Mahanadi Bhawan, New Raipur, District :

Raipur, Chhattisgarh

2 - Director, Directorate of Panchayat, Indrawati Bhawan, New Raipur, District : Raipur, Chhattisgarh

3 - Commissioner, Mahatma Gandi National Rural Employment Guarantee Act, Indrawati Bhawan, New Raipur, District : Raipur, Chhattisgarh

4 - Collector/ District Program Coordinator (MGNREGA) Ambikapur, District Surguja, Chhattisgarh.

5 - Chief Executive Officer, Zila Panchayat, District Surguja, Chhattisgarh.

6 - Chief Executive Officer, Janpad Panchayat Udaypur, District -

Surguja, Chhattisgarh.

7 - Program Officer MGNREGA, Janpad Panchayat Udaypur, District Surguja, Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

12.03.2026

1. By way of the present petition, the petitioner assails the order dated 07.09.2021 and seeks quashment thereof along with a direction to the respondents to reinstate the petitioner with all consequential benefits. The petitioner has prayed for following relief(s) :-

“10.1 That the Hon'ble Court may kindly be pleased to issue a writ of mandamus setting aside the impugned order dated 07.09.2021 (Annexure P/6), in the interest of justice.

10.2 That the Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondent to reinstant the petitioner with all consequential benefits, in the interest of Justice.

10.3 Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case.”

2. Brief facts of the case, in a nutshell are that, the petitioner was appointed to the post of Assistant Programmer on contractual basis vide order dated 02.11.2016 and was posted at Janpad Panchayat Mainpat, District Surguja. His appointment was governed by the Chhattisgarh Civil Services (Samvida Niyukti) Rules, 2012 (in short “Rules, 2012”) for a period of three years and, upon satisfactory yearly appraisal of his work, he was allowed to continue in service even thereafter. Subsequently, vide order dated 06.09.2018, the petitioner was attached to Janpad Panchayat Udaipur due to vacancy arising on account of maternity leave of the concerned officer, where he joined on 10.09.2018 and continued to discharge his duties.

3. During the course of his service, the petitioner was served with a show cause notice dated 19.07.2021 alleging delay in payment of wages under MGNAREGA due to improper operation of the account in the computer system. The petitioner submitted a reply dated 26.07.2021 explaining that the delay occurred because two accounts had been opened by the Employment Assistant owing to duplicate job cards of certain labourers.

4. However, without properly considering the petitioner’s explanation, the respondents passed the impugned order dated 07.09.2021 discontinuing his services on the ground of adverse remarks in his confidential report. Thereafter, the petitioner submitted a representation dated 03.03.2022 requesting reinstatement in service with an undertaking to improve his work, but no favourable action was taken, compelling the petitioner to file the present petition.

5. Learned counsel for the petitioner submits that the impugned order dated 07.09.2021 is wholly illegal, arbitrary and unsustainable in law, as the same has been passed in gross violation of the principles of natural justice. It is contended that before discontinuing the services of the petitioner, no regular enquiry was conducted and no effective opportunity of hearing was afforde