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2026:CGHC:22960

Digitally

signed by

SHAYNA

NAFR

KADRI

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 2450 of 2026

1 - Rohit Kumar Tondon S/o Fatteram Tondon Aged About 40 Years

Occupation Sarpanch, Gram Panchayat Kishungarh, Janpad Panchayat

Pandariya, District- Kabirdham (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of

Panchayat And Rural Development Mantralaya, Mahanadi Bhawan,

Nava Raipur, Atal Nagar, District- Raipur (C.G.)

2 - The Collector, Kabirdham, District- Kabirdham (C.G.)

3 - Chief Executive Officer Zila Panchayat Kabirdham District-

Kabirdham (C.G.)

4 - Chief Executive Officer, Janpad Panchayat Pandariya District-

Kabirdham (C.G.)

5 - Ramadhar Sahu Secretary Gram Panchayat Kishungarh, Pandariya

District- Kabirdham (C.G.)

... Respondent(s)

(Cause Title is taken from CIS System)

:

For Petitioner Mr. Manish Kumar Sahu, Advocate

:

For State Mr. Shobhit Mishra, Dy. Govt. Advocate

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Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

14/05/2026

1. The petitioner has filed this writ petition seeking following reliefs:

10.1 Issue a writ in the nature of

Mandamus directing Respondent No. 3

to immediately comply with the

proposal dated 20.04.2026 and remove

Respondent No. 5 from the post of

Secretary, Gram Panchayat

Kishungarh.

10.2 Set aside the posting order dated

20.02.2026 insofar as it relates to the

appointment of Respondent No. 5 at

Gram Panchayat Kishungarh.

10.3 Direct the Respondent Authorities

to appoint a competent Secretary to

ensure the smooth functioning of the

Gram Panchayat and the

implementation of welfare schemes.

10.4 Any other relief which this Hon'ble

Court deems fit in the facts and

circumstances of the case.”

2. Facts of the case, as projected, are that the present petition has

been filed alleging inaction on the part of the respondent

authorities in taking a final decision on the proposal for removal of

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respondent No. 5 from the post of Secretary of Gram Panchayat

Kishungarh. As per the pleadings, respondent No. 5 was posted

as Secretary of Gram Panchayat Kishungarh vide order dated

20.02.2026 issued by respondent No. 3. After his joining, the

petitioner and other public representatives allegedly noticed

several irregularities and instances of negligence in discharge of

official duties, pursuant to which a complaint dated 16.03.2026

was submitted against respondent No. 5. The allegations

pertained to non-registration of births and deaths, withholding of

census records affecting admissions of students, refusal to sign

applications relating to ration cards and job cards, and failure to

discharge statutory duties under the Panchayat Raj Act. It has

further been stated that, upon receipt of the complaint, an inquiry

was conducted and the inquiry report dated 13.04.2026 found

respondent No. 5 guilty of various lapses, including non-residence

at headquarters, failure to open the Panchayat office regularly,

manipulation of records relating to meeting notices, and failure to

conduct mandatory monthly meetings under Section 44 of the

Panchayat Raj Act, which allegedly resulted in financial loss to the

Gram Panchayat. Thereafter, respondent No. 4 forwarded a

proposal dated 20.04.2026 to respondent No. 3 recommending

removal of respondent No. 5 and initiation of disciplinary

proceedings against him. Since no final action has been taken on

the said proposal, the petitioner has approached this Court

seeking appropriate directions.

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3. Learned counsel for the petitioner submits that respondent No. 5

has committed serious irregularities and misconduct while

functioning as Secretary of Gram Panchayat Kishungarh. It is

contended that despite a detailed inquiry report finding

respondent No. 5 guilty of negligence, arbitrariness and

manipulation of official records, no final order has been passed by

the competent authority on the recommendation for his removal.

Learned counsel further submits that respondent No. 5 failed to

conduct monthly meetings as mandated under Section 44 of the

Panchayat Raj Act, resul