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2026 DAILYLAW 22723 (CHH)

Smt. Ragini Kamde v. State of Chhattisgarh

WPS/6325/2021 · 2026-06-21

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:25492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6325 of 2021 * - Smt. Ragini Kamde W/o Shrii Kaamud Mani, Aged About 33 Years R/o Village Marra, Tahsil - Patan, Durg, District : Durg, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Department, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh. 2 - The Collector, Durg, District Durg Chhattisgarh 3 - Chief Executive Officer Zila Panchayat, Durg, District Durg Chhattisgarh. 4 - Chief Executive Officer Janpad Panchayat Patan, District Durg Chhattisgarh. 5 - Programme Officer Mahatma Gandhi National Rural Employment Guarantee Project, Janpad Panchayat Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Respondents For Petitioner : Ms. Sunita Jain, Advocate For Respondents No. 1 & 2 For respondents No. 3 to 5 : : Mr. Abhishek Singh, Panel Lawyer None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/06/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records of the case of the petitioner from the possession of the respondents. Digitally signed by RAMESH KUMAR VATTI Date: 2026.06.23 15:04:11 +0530 2 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash the impugned order of dismissal from service dated 05.10.2018 passed by respondent No. 4. 10.3 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the respondent No. 4 to reinstate the petitioner in service with all consequential benefits. 10.4 Any other relief as this Hon’ble Court may deem fit and proper in the facts and circumstances may also be granted to the petitioner.” 2. Ms. Sunita Jain, learned counsel appearing for the petitioner would submit that the petitioner was appointed to the post of Rojgar Sahayak of Janpad Panchayat on 31.03.2008. She would submit that respondent No. 4 vide order dated 05.10.2018 in cryptic manner terminated the services of the petitioner. She would contend that respondent No. 4 was not competent to pass such an order. It is also argued that no opportunity of hearing was afforded and no inquiry was conducted. She would further submit that according to the circular issued by the State of Chhattisgarh, the Chief Executive Officer, Janpad Panchayat after inquiry may submit a report before the Chief Executive Officer, Zila Panchayat and Chief Executive Officer, Zila Panchayat is competent authority to take such decision. She would submit that the order Annexure P-1 is illegal, arbitrary and has been passed without application of mind in utter contravention to the provisions of applicable rules and circular. 3. On the other hand, Mr. Abhishek Singh, learned Panel Lawyer appearing for respondents No. 1 and 2 would oppose. He would submit that respondent No. 4 has taken decision strictly in accordance with law. 3 4. Heard learned counsel for the parties. 5. Taking into consideration the fact that no opportunity of hearing was afforded and no inquiry was conducted and in a cryptic manner order Annexure P-1 dated 05.10.2018 has been passed, therefore, same is hereby quashed. The petitioner shall be reinstated in service with all consequential benefits attached to the post. However, respondents No. 3 to 5 would be at liberty to take appropriate decision strictly in accordance with law after affording due opportunity of hearing to the petitioner. 6. Accordingly, the petition is allowed. Sd/- (Rakesh Mohan Pandey) Judge vatti