1 2025:CGHC:14043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2594 of 2024 1 - Sanat Kumar Tandan S/o Shri Kanhaiya Tandan Aged About 34 Years R/o Village- Baihakapa, Gram Panchayat, Tarwarpur, Janpad Panchayat- Mungeli, Tahsil- Mungeli, District : Mungeli, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bahwan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Collector Distt.- Mungeli, Chhattisgarh. 3 - The Chief Executive Officer Zila Panchayat- Mungeli, District : Mungeli, Chhattisgarh 4 - The Chief Executive Officer Janpad Panchayat- Mungeli, District : Mungeli, Chhattisgarh 5 - The Program Officer Janpad Panchayat- Mungeli, District : Mungeli, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Navneet Kumar Yadav, Advocate. For Respondents/State : Ms. Nupur Trivedi, Panel Lawyer. For Respondent Nos.3 & 4: Mr. Shivam Mishra, Advocate. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.26 16:21:20 +0530 2 24/03/2025 1. By the present writ petition, the petitioner is seeking following reliefs:- 10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the present petitioner from the Respondent authorities concerned for kind perusal. 10.2 The Hon'ble High Court may kindly be pleased to issue writ /writs, order / orders, direction / directions, setting aside the impugned order dated 06.03.2020 (Annexure P-1) passed by the Respondent No.03, arising out of order dated 06.09.2019 (Ann P-2) passed by the Respondent No.04. 10.3 The Hon'ble High Court may kindly be pleased to issue writ /writs, order / orders, direction / directions, directing the Respondent authority concerned to allow the petitioner to discharge his duty as Rojgar Sahayak at Tarwarpur, Janpad Panchayat Mungeli, District Mungeli (C.G.) with all consequential service benefits, in the interest of justice. 10.4 The Hon'ble High Court may kindly be pleased to grant any other relief(s), as it may deemed fit and proper under the facts and circumstances of the case in favour of the petitioner, in the interest of justice. 2. Learned counsel for the petitioner would submit that the petitioner was initially appointed as Rozgar Sahayak in the year 2008 on direct recruitment. Subsequently, vide order dated 06/09/2019. he has been terminated from service on certain allegations of committing irregularities in payment of the laborers and dereliction of duties. He would submit that against the said order, the petitioner preferred writ petition bearing 3 WPS No.9670/2019 which was decided vide order dated 19/12/2019 and quashed the order dated 06/09/2019 and granted liberty to competent authority to take action against the petitioner after followimg the due process of law. When no action has been taken by the authorities, the petitioner filed Contempt Case No.303/2020, however, during the pendency of the said contempt petition, the order impugned dated 06/03/2020 has been passed and affirmed the termination order. Learned counsel for the petitioner would submit that the order impugned has been passed without affording any opportunity of hearing to the petitioner and no show cause notice was issued to him, therefore, the same is illegal, arbitrary and contrary to the principles of natural justice. 3. Per contra, learned counsel for the respondents would submit that the petitioner was a contract appointee and he was found to have committed certain irregularities and dereliction in duties, therefore, the order of termination is fully justified. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. Bare perusal of the impugned order of termination would manifest that the petitioner has been terminated with immediate effect. The order does not refer to any show cause notice or enquiry, wherein, the petitioner was allowed to participate. It is per se in violation of the principles of natural 4 justice, which is clearly established from the language of the order of termination itself, therefore, for the reason that no order adverse to an individual be passed without following the principles of natural justice, as held by the Supreme Court in the matter of State of Punjab & Ors. Vs. Senior Vocational Staff Masters Association & Ors (AIR 2017 SC 4072), the impugned order dated 06/03/2020 is quashed. However, liberty is reserved to the respondent authorities to take suitable action against the petitioner after following the due principles of law including affording the opportunity of hearing to the petitioner. 6. Accordingly, the present writ petition is allowed to the above extent. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep