1 2025:CGHC:7369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5591 of 2018  Smt. Veena Gupta W/o Shri Sanjay Gupta Aged About 43 Years R/o Senior M I G, 526, Sector-1, Ddv Nagar Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Chief Executive Officer, District Panchayat Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Chief Executive Officer, Janpad Panchayat Navagaon, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4. Block Education Officer, Block Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : None even in the second round. For State/Respondents No. 1 : Mr. Pramod Shrivastava, Dy. G.A. & 4 For Respondent No. 2 : Mr. Manish Nigam, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10. 02.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to quash/set-aside the impugned order dated 10-07-2018 2 (Annexure P-1) to the extent that on reinstate the petitioner has not been granted back wages for the period from 01-04-2015 to 16-07-2018. 10.2 This Hon’ble Court may kindly be pleased to direct the respondent to grant complete back wages to the petitioner for the period she was out of service due to the illegal termination order, which was later on set- aside. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief, which this Hon’ble Court may, thinks fit & appropriate as per the facts & circumstances of the present case, in the interest of justice.” 2. The petitioner was appointed to the post of Teacher (Panchayat) vide order dated 11.06.2010 and was posted at Government Middle School Navagaon, Block Arang, District Raipur. She took leave from 23.06.2014 to 28.02.2015. She again went on leave from 01.04.2015 to 25.04.2015 and when she approached the respondent authorities to join services, she was not permitted. A show-cause notice was issued to the petitioner on 07.05.2016 and a reply was filed by her on 04.07.2016. Thereafter, her services were terminated vide order dated 30.01.2017. The petitioner preferred an appeal before the Commissioner, Division Raipur and the same was dismissed vide order dated 06.06.2017. Thereafter, the petitioner preferred a revision petition before respondent No. 1 and the same was allowed vide order dated 10.07.2018 whereby she was reinstated in service with the stipulation of “no work no pay” for the period she did not work with the department. The petitioner has filed this petition challenging the said part of the order. 3. A perusal of the documents including the order of termination would show that the procedure contemplated under the C.G. Panchayat Services (Discipline and Appeal) Rule, 1999 (hereinafter referred to as “Rules, 1999”), was not followed. It is evident from the orders that the article of 3 charge was not issued, witnesses were not examined and the petitioner was removed from services; therefore, respondent No. 1 allowed the revision preferred by the petitioner. 4. Mr. Manish Nigam, learned counsel appearing for respondent No. 2 would submit that show-cause notice was issued and a reply was filed by the petitioner, and thus, sufficient opportunity of hearing was afforded. He would further submit that the petitioner remained unauthorizedly absent for a considerable period and therefore there was no requirement to conduct an enquiry according to the provisions of the Rules, 1999. He would also submit that the instant petition deserves to be dismissed. 5. Mr. Pramod Shrivastava, Dy. Government Advocate would support the contention made by Mr. Nigam. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. Admittedly, the petitioner was an employee of the Panchayat Department. The C.G. Panchayat Services (Discipline and Appeal) Rule, 1999 deals with the procedure to inflict penalties on Panchayat employees. Rule 5 deals with penalties, Rule 6 deals with the authority to impose penalties and Rule 7 deals with the procedure for imposing major penalties. 8. In the present case, the respondent authorities have inflicted a major penalty upon the petitioner; therefore, it was mandatory on the part of the respondent authorities to conduct an enquiry strictly in accordance with Rule 7 of the Rules, 1999. 9. Rule 7 of the Rules, 1999 is reproduced herein below :- “7. Procedure for imposing major penalties. (1) No order, imposing on a member of the Panchayat Service, any of the penalties specified in clauses (iv) to (via) of Rule 5 shall be passed except after a formal 4 inquiry is held as far as may be, in the manner hereinafter provided. (2) When an order for formal inquiry has been made, the disciplinary authority shall frame Definite charges on the basis of allegations and shall communicate such charges, alongwith the statement of the allegations, to the member of the Panchayat Service and also require him to submit, within such time as may be specified a written statement of defence and also to state whether he desires to be heard in person. (3) The person against whom inquiry is to be held shall, for the purpose of preparing to defence, be permitted to inspect and take extracts from such records as he may specify : Provided that such permission may be refused if, for reasons to be recorded in writing, in the opinion of the Enquiry' Officer such records are not relevant for the purpose or it is against the public interest to allow his access thereto. (4) On receipt of the written statement of defence or if any such statement is not received within the time specified, the disciplinary authority may himself enquire into such of the charges as are not admitted or appoint an Enquiry Officer to hold the inquiry and forward to him his report and, if advised, his recommendation alongwith all the inquiry papers. (5) The disciplinary authority may nominate any person to present the case in support of the charges before the Enquiry Officer. The member of the Panchayat Service may present his case with the assistance of any other Panchayat Servant of State Government Servant approved by the Enquiry Officer but may not engage a legal practitioner for the purpose, unless the person nominated by the disciplinary authority as aforesaid is a legal practitioner or unless the disciplinary authority having regard to the circumstances of the case so permits. (6) If the servant of the Panchayat Service desires to be heard in person, he shall be so heard. If he so desires or if the disciplinary authority so directs, an oral enquiry shall be held by the Enquiry Officer. At such inquiry, evidence shall be heard as to such of the allegations as are not admitted and the person charged shall be entitled to cross examine the witness, to give evidence in person, to produce documentary evidence, if any and to have such witness called as he may wish : Provided that the Enquiry Officer may, for reasons to be recorded in writing, refuse to call a witness. (7) At the conclusion of the inquiry, the Enquiry Officer shall prepare a report of the inquiry, recording his findings on each of the charges together with reasons therefor. 5 (8) The proceedings conducted against the persons charged shall contain a sufficient record of :- (i)the charges framed against such person and the statement of allegations; (ii)the written statement of defence if any; (iii)the oral evidence taken in the course of the inquiry; (iv)the documentary evidence considered in the course of the inquiry; (v)the orders, if any, made by the Enquiry Officer or the disciplinary authority, as the case may be, with regard to the inquiry; (vi)a report setting out the findings on each charge and the reasons therefor. (9) The Enquiry Officer, if he is other than the disciplinary authority, shall submit the records of the proceedings mentioned in clause (8) above to the disciplinary authority without recommendation relating to the penalty to be imposed. The disciplinary authority shall consider the record of the enquiry and its findings on each charge, having regard to the findings on the charges and the record (if the proceedings) if he is of the opinion that any of the penalties specified in clauses (iv) to (vii) of Rule 5 should be imposed, it shall furnish to the person charged a copy of the report of the Enquiry Officer, and where the disciplinary authority is not the Enquiry Officer a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Enquiry Officer. (10) The disciplinary authority shall consider the representation, it any, made by the person charged in response to the notice and determine the penalty, if any, should be imposed and shall pass appropriate order on the case. (11) The orders passed by the disciplinary authority shall be communicated lo the member of the Panchayat Service, who shall also be supplied with a copy of the report of the Enquiry Officer and where disciplinary authority is not the Enquiry Officer, a statement of its findings together with the brief reasons for disagreement, if tiny, with the findings of the Enquiry Officer, unless they have already been supplied to the person charged.” 10. In the present case, though a show-cause notice was issued to the petitioner, but the enquiry was not conducted in consonance with Rule 7 of the Rules, 1999; therefore, respondent No. 1 rightly quashed the order of termination issued against the petitioner. 11. Since there was deviation from the procedural law while inflicting 6 punishment; therefore, the petitioner would be entitled to get all consequential benefits, thus, respondent No. 1 committed an error of law while denying arrears of salary and other consequential benefits. 12. As a result, the instant petition is hereby allowed. The order passed by the State Government is modified up to the extent that the petitioner shall be entitled to get all consequential benefits attached to the post including the arrears of salary. 13. The respondents would be at liberty to initiate a fresh enquiry, if so advised. Sd/- (Rakesh Mohan Pandey) Judge $iddhant