CGHC010034592020 2026:CGHC:39140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 646 of 2020 1 - D.S. Sidar S/o Shri N.L. Sidar Aged About 55 Years Servie Executive Engineer In Rural Engineer Service, Division Janjgir, R/o Village And Post Office- Adbharh, Tahsil- Malkhrauda, District- Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 2 - Yashwant Raj Singh Mandelekar S/o Shri Dadu Ram Mandelekar Aged About 34 Years Service - Sub Engineer In Janpad Panchayat, Malkharauda, R/o Village And Post Office- Birra, Via- Birra, District- Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 3 - Rajesh Gavel S/o Shri Gore Lal Gavel Aged About 39 Years Service, Secretary, Gram Panchayat, Sakarra, R/o Village- Bade Padalmandu, Post Office- Potu, Tahsil Mallkharauda, District- Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Atal Nagar, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Collector Janjgir, District- Janjgir Champa, Chhattisgarh, District : Janjgir- Champa, Chhattisgarh 3 - Chief Executive Officer District- Panchayat, District- Janjgir Champa, Chhatisgarh, District : Janjgir-Champa, Chhattisgarh 4 - Chief Executive Officer Janpad Panchayat, Mallkharauda, District- Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 5 - Sub Divisional Officer (Hasdeo) R.B.C. Sub Division No.4, Sakti, District- Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioners : Mr. Shikhar Agnihotri, Advocate For State : Mr. RCS Deo Samant, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey -2- Order on Board 07.09.2026 1. Heard. 2. The petitioners have filed this petition seeking following relief(s):- “1) That, the Hon'ble Court may kindly be pleased to quash the impugned show cause notice dated 31.12.2019 (Annexure P/1) Colly issued by the respondent no. 4 and the impugned enquiry report dated 24/28.01.2019 submitted by the respondent no. 5. 2) Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioners.” 3. Mr. Agnihotri, learned counsel appearing for the petitioners would submit that petitioner No.1 was posted as Sub-Divisional Officer in the Rural Engineering Department, Sub-Division Malkharouda, whereas petitioner No.2 was posted as Sub-Engineer in Janpad Panchayat Malkharouda and petitioner No.3 was working as Secretary of Gram Panchayat Sakarra during the year 2017-18. He would further submit that a complaint with regard to financial irregularities was made against the petitioners by one Saroj Kumar Chandra, pursuant to said complaint, a preliminary enquiry was conducted by respondent No.5/Sub-Divisional Officer (Hasdeo), Sub-Division No.4, Sakti, District Janjgir-Champa, and subsequently, show-cause notices were issued to the petitioners. He would contend that the enquiry was conducted behind the back of the petitioners by the authority concerned. He would further contend that the Chief Executive Officer, Janpad Panchayat Malkharouda is not an appointing authority of petitioners No.1 and 2 and, therefore, the show-cause notices issued against them are bad in law. It is further argued that subsequently, enquiries were conducted by other authorities, wherein the involvement of the petitioners in the alleged irregularities was not found. He would pray to allow this petition. 4. On the other hand, learned Panel Lawyer appearing for the State would oppose the submissions made by learned counsel for the petitioners. He would submit that after receipt of the complaint against the petitioners, a detailed enquiry was conducted by the competent authority and a report was submitted on 24.01.2019, wherein the allegations were found to be proved. He would further submit that, on the basis of the enquiry report, the Chief Executive Officer, Janpad Panchayat Malkharouda, issued show-cause notices to the petitioners and also granted them time to submit their replies. He would contend that the petitioners may approach the concerned authority with the relevant documents and the present petition challenging the show- cause notices is not maintainable. He would further contend that the petition deserves to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the documents placed on record. 6. Admittedly, a complaint was made against the petitioners. At the relevant time, the petitioner No.1 was posted as Sub-Divisional Officer in the Rural Engineering Department, Sub-Division Malkharouda, whereas petitioner No.2 was posted as Sub-Engineer in Janpad Panchayat Malkharouda and petitioner No.3 was working as Secretary of Gram Panchayat Sakarra during the year 2017-18. It is also an admitted fact that the Chief Executive Officer, Janpad Panchayat Malkharouda is not an appointing authority of the Sub-Divisional Officer and Sub-Engineer of the Rural Engineering Department and, therefore, -4- he had no authority of law to issue show-cause notices to petitioners No.1 and 2. 7. It appears that the enquiry, vide Annexure P/2 dated 24.01.2019, was conducted behind the back of the petitioners, without affording them any opportunity of hearing. 8. Having considered the facts discussed hereinabove, the show-cause notices dated 31.12.2019 issued to the petitioners and the enquiry report dated 24.01.2019 are hereby quashed. However, the competent authority would be at liberty to initiate a fresh departmental enquiry against the petitioners, if so advised, in accordance with law. 9. With the aforesaid observation(s), the present petition is disposed of. sd/- (Rakesh Mohan Pandey) Judge Rekha