1 2025:CGHC:61605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8193 of 2023 1 - Laluram Sahu S/o Ganguram Sahu Aged About 55 Years Secretary Gram Panchayat Beltukari, Janpad Panchayat Fingeshwar, District- Gariyaband (C.G.), R/o Ward No. 6, Village Sonasilli, Post Jamgaon, Block Fingeshwar, District- Gariyaband (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Of Panchayat Directorate Vikas Bhawan, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - Commissioner Raipur Division, District- Raipur (C.G.) 4 - Collector Gariyaband District- Gariyaband (C.G.) 5 - Chief Executive Officer Jila Panchayat Gariyaband, District- Gariyaband (C.G.) 6 - Chief Executive Officer Janpad Panchayat Fingeshwar, District- Gariyaband (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 7 - Sub Divisional Officer (R) Rajim, District- Gariyaband (C.G.) .... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Ms. A. Sandhya Rao, Advocate on behalf of Ms. Lata Nayak, Advocate For State :- Mr. Hariom Rai, P.L. For Respondents No. 5 & 6 :- Mr. R.K. Bhagat, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 17.12.2025 1. The present petition is filed being aggrieved by the order dated 19.06.2023 passed by respondent no. 5 (ANNEXURE P/1) Chief Executive Officer, Jila Panchayat Gariyaband (C.G.). 2. Subject matter in brief is that the petitioner was duly appointed and is working on the post of Secretary and is presently posted at Gram Panchayat Beltukri, District Gariyaband (C.G.). That the petitioner had already submitted his explanation along with relevant medical reports explaining his absence from office. However, despite the same, the respondent No.5, in an arbitrary and illegal manner, passed the impugned termination order dated 19.06.2023 (Annexure P/1), which is being challenged by the petitioner in the present petition. 3. The petitioner has prayed for following reliefs:- 3 “10.1 That, the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, Hon'ble Court may kindly be pleased to allow the writ petition and set-aside the impugned order dated 19.06.2023 (Annexure P/1) passed by respondent no. 5 and further be pleased to direct the respondent authority to reinstate the petitioner in his service with all consequential benefits from the date of termination. 10.3 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.” 4. Brief facts of the case are that the petitioner was duly appointed and is working on the post of Secretary and was posted at Gram Panchayat Beltukri, District–Gariyaband (C.G.). Vide order dated 19.10.2022 passed by the Chief Executive Officer, Jila Panchayat Gariyaband, the services of the petitioner were attached to the office of Janpad Panchayat Fingeshwar, where during the said period the petitioner remained absent due to serious health issues. The petitioner duly submitted applications along with medical prescriptions and medical certificates explaining and justifying his absence. The petitioner also submitted a detailed explanation dated 13.12.2021 to the Chief Executive Officer, Jila 4 Panchayat Gariyaband, stating that due to serious illness he was unable to attend office and further requested transfer to his home village Sonasilli. Thereafter, on 20.10.2022, the petitioner rejoined his duties and informed the Chief Executive Officer, Janpad Panchayat Fingeshwar, in writing about his presence. During this period, a show cause notice dated 18.10.2022 was issued to the petitioner alleging unauthorized absence and directing him to submit an explanation within three days, failing which termination was threatened, pursuant to which the petitioner again appeared before the office of Janpad Panchayat Fingeshwar on 20.10.2022 in compliance of the directions. Despite submission of explanations, medical documents, and resumption of duties, the respondent No.5, in an arbitrary and illegal manner, passed the impugned termination order dated 19.06.2023 (Annexure P/1), which is being challenged in the present petition. 5. Learned counsel for the petitioner submits that the petitioner had duly justified his absence from duty by submitting applications supported with medical prescriptions and certificates and had also furnished a detailed explanation to the Chief Executive Officer, Jila Panchayat Gariyaband, clearly stating that due to serious illness he was unable to attend office for the relevant period and had even sought a transfer to his home village Sonasilli. It is further submitted that the petitioner thereafter rejoined his duties and informed the Chief Executive Officer, Janpad Panchayat Fingeshwar, in writing and also personally appeared before the 5 said office in compliance of the directions issued by respondent No.5. Despite full compliance, explanations, and medical evidence on record, the respondent authority, in a wholly arbitrary manner and without proper consideration of the material placed on record, passed the impugned termination order dated 19.06.2023 (Annexure P/1). The learned counsel submits that the impugned order suffers from non-application of mind, is violative of the principles of natural justice, and has been passed by committing gross legal error, and therefore the same deserves to be set aside. 6. Learned counsel appearing on behalf of the respondent/State submits that the present writ petition is misconceived and not maintainable as the impugned order dated 19.06.2023 (Annexure P/1) terminating the services of the petitioner has been passed by respondent No.5 strictly in accordance with Rule 5 of the Chhattisgarh Panchayat Sewa (Anushasan Tatha Appeal) Niyam, 1999, on account of the petitioner’s repeated and unauthorized absence from duty. It is further submitted that although the petitioner claims absence on the ground of ill-health, the competent authority, after due consideration of the service record and conduct of the petitioner, found him guilty of continued dereliction of duty, warranting termination. Learned State counsel further submits that no specific allegation or relief has been claimed against the present answering respondent/State and, therefore, the State is only a formal party in the instant petition. In 6 absence of any cause of action against the answering respondent, the writ petition deserves to be dismissed. 7. Learned counsel appearing for respondent Nos. 5 and 6 submits that the present writ petition is wholly misconceived, devoid of merits and liable to be dismissed. It is submitted that the impugned order dated 19.06.2023 (Annexure P/1) has been passed strictly in accordance with Rule 5 of the Chhattisgarh Panchayat Sewa (Anushasan Tatha Appeal) Rules, 1999, after due consideration of the petitioner’s service record, conduct and repeated acts of misconduct. It is further submitted that the functioning and work performance of the petitioner, while posted as Secretary at Gram Panchayat Beltukri, District Gariyaband, was unsatisfactory, on account of which his services were attached to Janpad Panchayat Fingeshwar vide order dated 19.10.2022. The petitioner remained continuously absent from duty on several occasions, namely from 10.11.2022 to 27.11.2022, from 01.12.2022 to 06.12.2022 and from 12.12.2022 to 23.12.2022, without submitting any medical documents, despite being directed to do so vide order dated 28.11.2022. It is also submitted that the petitioner has a history of misconduct and indiscipline, having been suspended earlier on 29.04.2017 and again on 18.11.2021, and though his services were subsequently reinstated on both occasions, punishments in the form of withholding of increments with cumulative effect were imposed. It is further submitted that the petitioner again absented himself from 7 duty in May 2023 without prior intimation, for which a show cause notice dated 17.05.2023 was issued, and considering his habitual absenteeism, disobedience of superior orders and unsatisfactory conduct, respondent No.6 recommended termination of the petitioner vide letter dated 19.05.2023. After examining the entire record, respondent No.5, being the competent authority, rightly exercised its powers under the Rules of 1999 and passed the termination order dated 19.06.2023, which is just, legal and reasoned and does not call for any interference by this Hon’ble Court. 8. I have heard learned counsel for the parties and perused the material available on record. 9. Having heard learned counsel for the parties and upon perusal of the material available on record, it is evident that the petitioner was not afforded a proper and effective opportunity of hearing before passing the impugned order. The mandatory procedure contemplated under Rules 5 and 7 of the Chhattisgarh Panchayat Sewa (Anushasan Tatha Appeal) Rules, 1999 has not been duly followed. The impugned order of termination, therefore, suffers from violation of the principles of natural justice and cannot be sustained in the eyes of law. Accordingly, the impugned order dated 19.06.2023 is hereby quashed. However, it is made clear that the respondent authorities shall be at liberty to proceed afresh 8 against the petitioner in accordance with law after following due procedure. 10. Thus, the writ petition is allowed. sd/- (Amitendra Kishore Prasad) Judge Vishakha