1 2026:CGHC:2600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5643 of 2023 Smt. Bhuneshwari Sahu W/o- Shri Rukkam Sahu, Aged About 34 Years Working As Assistant Teacher (Lb), Government Primary School Kechawai, Block- Saja, District Bemetara Chhattisgarh, R/o Village And Post Janjgiri, Bhilai-3, District Durg Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur Chhattisgarh. 2 - Collector, Bemetara, District Bemetara Chhattigsgarh. 3 - District Education Officer, Bemetara, District Bemetara Chhattisgarh. 4 - Block Education Officer, Bemetara, District Bemetara Chhattisgarh. 5 - Chief Executive Officer, Janpad Panchayat Saja, District Bemetara Chhattisgarh. --- Respondent(s) WPS No. 5649 of 2023 Smt. Chanda Sinha W/o Shri Uttam Kumar Sinha, Aged About 40 Years, Working as Assistant Teacher (LB), Government Primary School Beejagod, SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 Block - Saja, District - Bemetara (Chhattisgarh), R/o - Saja, Tahsil - Saja, District Bemetara (Chhattisgarh) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur (Chhattisgarh) 2 Collector Bemetara, District - Bemetara (Chhattisgarh) 3 District Education Officer, Bemetara, District - Bemetara (Chhattisgarh) 4 Assistant Director, Office of District Education Officer, Bemetara, District - Bemetara (Chhattisgarh) 5 Chief Executive Officer Janpad Panchayat Saja, District - Bemetara (Chhattisgarh) --- Respondent(s) WPS No. 5652 of 2023 Smt. Kamleshwari Sahu W/o Shri Rakesh Sahu, Aged About 40 Years Working As Assistant Teacher (L.B.), Government Primary School Gatapara, Block Saja, District Bemetara (Chhattisgarh), R/o Sahaspur Tahsil Saja, District Bemetara (Chhattisgarh) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur (Chhattisgarh) 2 Collector Bemetara, District Bemetara (Chhattisgarh) 3 District Education Officer Bemetara, District Bemetara (Chhattisgarh) 3 4 Block Education Officer Bemetara, District Bemetara (Chhattisgarh) 5 Chief Executive Officer Janpad Panchayat Saja, District Bemetara (Chhattisgarh) --- Respondent(s) WPS No. 5655 of 2023 Nukesh Kumar Sahu S/o Shri Balram Sahu, Aged About 36 Years, Working as Assistant Teacher (LB), Government Primary School Hadahuli, Block- Saja, District Bemetara (Chhattisgarh) R/o Parsahi, Post Khapari, Tahsil and District Balod Chhattisgarh ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Department of School Education, Mahanadi Bhawan, Naya Raipur (Chhattisgarh) 2 Collector, Bemetara, District Bemetara Chhattisgarh. 3 District Education Officer, Bemetara, District Bemetara Chhattisgarh. 4 Block Education Officer, Bemetara, District Bemetara Chhattisgarh. 5 Chief Executive Officer, Janpad Panchayat Saja, District Bemetara Chhattisgarh. --- Respondent(s) WPS No. 5653 of 2023 Smt. Devaki Navrang W/o Shri Yuvraj Navrang, Aged About 38 Years, Working As Assistant Teacher (LB), Government Primary School Patora, Block- Saja, District- Bemetara (Chhattisgarh), R/o- Singhanpur, Post- Andhiyarkhor, Tehsil And District- Bemetara (Chhattisgarh) ---Petitioner(s) 4 Versus 1 State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur (Chhattisgarh) 2 Collector, Bemetara, District- Bematara (Chhattisgarh) 3 District Education Officer Bemetara, District- Bemetara (Chhattisgarh) 4 Block Education Officer Bemetara, District- Bemetara (Chhattisgarh) 5 Chief Executive Officer Janpad Panchayat Saja, District- Bemetara (Chhattisgarh) --- Respondent(s) WPS No. 5651 of 2023 Roman Lal Vishwakarma S/o Shri Khemraj Vishwakarma, Aged About 46 Years, Working as Assistant Teacher (L.B.), Government Primary School Khamdih, Block Saja, District Bemetara (Chhattisgarh) R/o Parsada, Post Bijamgaon, District Balod (Chhattisgarh) ---Petitioner(s) Versus 1 State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur (Chhattisgarh) 2 Collector, Bemetara, District Bemetara (Chhattisgarh) 3 District Education Officer, Bemetara, District Bemetara (Chhattisgarh) 4 - Block Education Officer, Bemetara, District Bemetara (Chhattisgarh) 5 - Chief Executive Officer, Janpad Panchayat, Saja, District Bemetara (Chhattisgarh) 5 --- Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Ravi Kumar Bhagat, Advocate For Respondent(s) : Mr. Anand Dadariya, Additional Advocate General SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 15/01/2026 1. Since the issues raised in all these captioned petitions are the same and the subject-matter also being the same, they are taken up analogously for hearing and are being disposed of by this common order. 2. These petitions under Article 226 of the Constitution of India have been filed against the impugned order/memo dated 23.6.2023 (Annexure P/1), pursuant to which, respondent No.3 has initiated Departmental Enquiry against the petitioners. 3. Necessary facts of the case are that the petitioners were initially appointed as Assistant Teacher Grade-III (Panchayat) by the Chief Executive Officer (CEO), Janpad Panchayat, Saja District Bemetara (CG). After a considerable period of service, the concerned CEO issued a show cause notice, directing them to submit the requisite documents submitted by them at the time of appointment, to which the petitioners submitted a detailed reply and explanation. Ultimately, pursuant to the proposal dated 9.1.2017, the CEO terminated the petitioners vide order dated 11.1.2017. Against the same, the petitioners filed an appeal(s) before the Collector, which was 6 dismissed vide order dated 9.11.2017. However, agaisnt the order dated, the Revision filed before the Commissioner was allowed vide order dated 9.5.2019; consequently, the order dated 9.11.2017 passed by the Collector was set-aside and the petitioners were reinstated in service. Subsequently, their services were also absorbed in the School Education Department. However, pursuant to the impugned memo dated 23.6.2023, a Department Enquiry was initiated against the petitioners by respondent No.3. The aforesaid enquiry was initiated based upon a proposal drawn by the General Administration Committee, Janpad Panchayat, Saja. Being aggrieved by the said impugned order/memo dated 23.6.2023, the petitioners have filed these petitions. 4. Learned counsel for the petitioners submits that the impugned memo/order dated 23.6.2023 (Annexure P/1), by which, the Departmental Enquiry was initiated against the petitioners is not in accordance with law, particularly in light of the order dated 9.5.2019 passed by the Commissioner, Durg Division. It is also contended that specific directions issued in the concluding paragraph of the order dated 9.5.2019 have not been complied with by the concerned authority. Furthermore, learned counsel for the petitioners submits that initiation of proceedings by the concerned District Education Officer, without complying with the prior directions, is not in accordance with law. 5. On the other hand, learned Counsel for the State submits that as per the Circular dated 13.7.2018, specific directions have been issued in respect of employees who were initially appointed in the Panchayat Department as Shiksha Karmi and were subsequently absorbed in the School Education Department upon completion of 8 years of service. 7 In this regard, learned counsel would draw attention of the Court towards clause 7 of the said Circular concerning Departmental Enquiry, wherein it is prescribed that for employees migrating from the Panchayat Department or the Municipal Corporation, the Departmental Enquiry shall be conducted by the School Education Department; however, the Presenting Officer shall be drawn from the concerned Panchayat or Municipal Corporation. He submits that the authorities have taken account of both jurisdictional aspects, considering the fact that the petitioners were earlier working in the Panchayat Department. 6. I have heard learned counsel for the parties and also perused the documents annexed with the petitions carefully. 7. From the perusal of the record and the impugned order/memo dated 23.6.2023, it appears that some allegations were levelled against the petitioners concerning their recruitment, leading to enquiry and their subsequent termination from service. Against their termination, the petitioners filed an appeal before the Collector, which was dismissed vide order dated 9.11.2017. However, against the said order, the Revision filed by the petitioners before the Commissioner was allowed and the matter was remanded vide order dated 9.5.2019 with specific directions. Pursuant to the said order, the School Education Department, wherein the services of the petitioners have since been absorbed, is now initiating an enquiry. In this regard, the Presenting Officer has been directed to be appointed from the respective Panchayat or Municipal Corporation. The concerned authorities have adopted the subject procedure in view of the fact that the petitioners were erstwhle employees of the concerned Panchayat Department. 8. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the petitioners are 8 directed to participate in the Departmental Enquiry and provide all necessary cooperation. Simultaneously, the authorities concerned are directed to conclude the enquiry in accordance with law after affording proper opportunity of hearing to the petitioners. The concerned authorities shall strictly adhere to the prescribed procedural requirements before passing a final order. 9. With the above directions/observations, all the Petitions are disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay