1 2026:CGHC:22960 NAFR 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 Digitally signed by SHAYNA KADRI 2 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 3 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. 4 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, resulting in obstruction of developmental works and causing loss to the Panchayat. It is argued that due to the inaction of respondent No. 3, the residents of the village are suffering and are being deprived of essential public services. Therefore, a direction is sought for expeditious action on the proposal for removal of respondent No. 5. 4. Learned State counsel submits that the proposal dated 20.04.2026 recommending removal of respondent No. 5 is under consideration before the competent authority and appropriate action shall be taken in accordance with law. It is further submitted that the petitioner has directly approached this Court without availing the alternative remedy available under the relevant statutory framework. 5. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the grievance of the petitioner pertains to the proposal for removal of 5 respondent No. 5 from the post of Secretary of Gram Panchayat Kishungarh. The records further reflect that the competent authority has already received the proposal dated 20.04.2026 recommending removal and initiation of disciplinary proceedings. 6. This Court is of the opinion that against the proposal and inaction complained of, the petitioner has directly approached this Court without availing the alternative remedy available under law. However, considering the facts and circumstances of the case and without entering into the merits of the allegations made against respondent No. 5, this Court deems it appropriate to direct the competent respondent authorities to consider and decide the representation/proposal submitted by the petitioner strictly in accordance with law, expeditiously. 7. Accordingly, the present petition stands disposed of with a direction to the concerned respondent authorities to decide the representation/proposal pending before them in accordance with law within a reasonable period. 8. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge