1 CGHC010248892019 2026:CGHC:31167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5891 of 2019 Smt. Dasmat Yadav W/o Shri Salik Ram Yadav Aged About 38 Years Occupation Ex- Service As Mitanin Trainer At Centre Gharipkhana R/o Village Gharipkhana Post Banjhibhan, Thana And Tehsil Kathgor, Civila And Revenue District Korba Chhattisgarh., District : Korba, Chhattisgarh --- Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Health Department Mantralaya Mahanadi, Bhawan, Capital Complex Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - Chief Medical And Health Officer Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh 4 - Block Medical Officer Chc Poundi -Uproda District Korba, Chhattisgarh., District : Korba, Chhattisgarh --- Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Petitioner : Mr. Pallav Mishra, Advocate For Respondents-State : Mr. Pranjal Shukla, PL ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K Agrawal (Order on Board) 22.07.2026 1. Heard. 2. Learned counsel for the petitioner submits that in the present SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 case though charges of misconduct have been levelled against the petitioner, but her services have been terminated without affording due opportunity of hearing to her and even without service of show cause notice, which is illegal, bad and arbitrary in law. Therefore, the present petition is liable to be allowed. 3. In this regard, it would be pertinent to quote Para-2 of the reply filed by the respondent-State, which reads as under: “2. That, the contentions of the petitioner are that, before passing of termination order she was not afforded any opportunity of hearing nor any inquiry has been made, which are without sum and substance. It is the further contention of the petitioner that, no show cause notice has been given to her before passing the order of removal, it is respectfully submitted that the petitioner was engaged as Mitanin Trainer purely on temporary basis and in the inquiry proceeding her statement has been recorded and also in the meeting dated 14.03.2019 she was present, therefore, at this stage, no separate notice is required to be given to the petitioner. The order dated 27.06.2019 (Annexure P/1) does not suffer from any illegality or infirmity and there is no substance or merit in the instant petition and therefore, the instant petition is liable to be dismissed at the threshold.” 4. In that view of the matter, since it has clearly been admitted by the respondent-State that during the enquiry proceedings the petitioner was present and, therefore, there was no occasion to serve her with a show cause notice and, in the present case, charges of serious misconduct have been levelled against the petitioner but no opportunity of hearing has been afforded to her, the impugned order 3 dated 27.06.2019 is hereby set aside. The respondent No.04- Block Medical Officer, CHC Poundi-Uproda, Distict Korba is directed to initiated fresh enquiry proceedings against the petitioner by following due process of law and pass appropriate fresh order after service of show cause notice to the petitioner and providing her due opportunity of hearing. The entire exercise shall be completed within 30 days from the date of receipt of copy of this order. 5. With aforesaid observation and direction this petition shall finally stand disposed of. No cost. sd/- (Sanjay K Agrawal) Judge s@if