An adverse order of removal from service cannot be passed against an employee without adhering to the principles of natural justice, specifically the requirement of providing a notice and a fair opportunity of hearing.

Order On Board

1. This writ petition has been filed against the order dated 25.10.2019 (Annexure P/1) whereby respondent No.2 herein removed the serviced of the petitioner from the post of Shiksha Karmi Grade – III [now Assistant Teacher (L.B.)].

2. Mr. Somkant Verma, learned counsel for the petitioner, would submit that the petitioner was appointed on compassionate ground under the Janpad Panchayat, Koylibeda, District Uttar Bastar, Kanker as Shiksha Karmi Grade-III in the year 2011. He would also submit that subsequently, his services were absorbed by the Government vide Annexure P-7 on 30/01/2019 whereby, the petitioner became an employee of State Government and the Rules of Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for brevity Recruitment Rules, 2019) were applicable in the case of the petitioner. However, despite the fact that the petitioner was in the government job order has been passed by the Chief Executive Officer, Janpad Panchayat, Koylibeda on the ground that certain wrong information has been supplied while obtaining compassionate appointment. It is stated that Annexure P-2 would show that the petitioner had not suppressed any facts and the committee constituted for appointment after entire evaluation has passed the order of appointment, therefore, order Annexure P-1 is null and is without jurisdiction and the same is liable to be dismissed.

3. Mr. H.A.P.S. Bhatia, learned State counsel and Mr. Ghanshyam Patel, learned counsel for respondents No.2 & 3, would oppose the prayer made learned counsel for the petitioner and support the impugned order.

4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records minutely.

5. On perusal of Annexure P-7, prima facie, would show that the services of the petitioner was absorbed by the State, thereby having been absorbed to State his services would be governed by the Recruitment Rules of 2019. As it has been stated that even before passing of the order on 25/10/2019 no opportunity of hearing was given and even no notice was served. In that view of the matter, on the basis of law laid down in case of State of Punjab & ors. vs. Senior Vocational Staff Masters Association & ors.¹(AIR 2017 SC 4072) no adverse order can be passed against a person without following the principles of natural justice, as such, impugned order of removal dated 25.10.2019 (Annexure P/1) liable to be and is hereby quashed. However, it will not bar the respondents to pass fresh order after affording opportunity of hearing to the petitioner.

6. Consequently, this petition is allowed to the extent indicated herein above.