Nafr High Court
Case Details
1 2025:CGHC:2909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2102 of 2015 ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.01.17 17:08:38 +0530 Jogendra Singh Thakur, S/o. Shri Rajeet Singh Thakur, Aged About 37 Years, R/o. Village And Post Ghanaghat, Tehsil & P.S. Lormi, District Mungeli, Chhattisgarh, Earlier Posted as Shiksha Karmi Grade I at Government Higher Secondary School Dindori, Block Lormi, District Mungeli, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through Its Secretary, Panchayat & Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh. 2 - Commissioner, Bilaspur Division, District : Bilaspur, Chhattisgarh 3 - Additional Commissioner, Bilaspur Division, District : Bilaspur, Chhattisgarh 4 - Chief Executive Officer, Zila Panchayat, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondents 2 For Petitioner
Legal Reasoning
: Mr. Anish Tiwari, Advocate For Respondents No.1 to 3 : Mr. Soumya Rai, Panel Lawyer For Respondent No.4 : Mr. R.K.Gupta, Advocate Hon'ble Shri Justice Sanjay K. Agrawal 16.01.2025 Order On Board 1. This writ petition is directed against the order dated 01.03.2014 passed by the Chief Executive Officer, Zila Panchayat and the order dated 19.01.2015 passed by the Additional Commissioner, by which the petitioner has been terminated from his service finding him guilty of major misconduct. 2. The petitioner was appointed on the post of Shiksha Karmi Grade-I by the Chief Executive Officer, Zila Panchayat, Bilaspur on 05.01.2011 on the post reserved for physically handicapped person by submitting the medical certificate dated 29.07.2009. However, by order dated 16.12.2013, the petitioner was directed to appear before the Medical Board for medical examination, which he has undergone and by the medical certificate dated 20.12.2013, the petitioner has been held to be not suffering from any temporary disability. Consequently, the Chief Executive Officer, Zila Panchayat, Bilaspur, by order dated 01.03.2014 passed the impugned 3 order terminating the services of the petitioner as per condition No.(1) & (9) of the appointment order dated 05.01.2011 read with Rule 5(b)(vi) of the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules, 1999. 3. Mr. Anish Tiwari, learned counsel for the petitioner, would submit that the order impugned would clearly show that the petitioner was on probation on the date of termination of service and since it the case of termination of the petitioner after finding him guilty of major misconduct, the same could not have been done without holding a proper departmental enquiry, therefore, it is liable to be set aside and the petitioner is entitled for all the consequential benefits. 4. Mr. R.K.Gupta, learned counsel for the respondent No.4 - Zila Panchayat, would submit that it is a case where the petitioner has submitted a forged medical certificate and grabbed the post reserved for the physically handicapped person and when it is found that the petitioner is not suffering from any physical disability, his services have
Decision
been discontinued and therefore, the writ petition deserved to be dismissed. 5. Mr. Soumya Rai, learned State counsel, would support the impugned orders and adopt the argument advanced by Mr. 4 R.K.Gupta, learned counsel for the respondent No.4 and submits that the petition is liable to be dismissed. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 7. It is not in dispute that the petitioner was appointed as Shiksha Karmi Grade-I by Zila Panchayat on the post reserved for physically handicapped person by virtue of the medical certificate dated 29.07.2009 holding that he is suffering from 40% temporary physical disability, for which he was asked to undergo medical examination by the Medical Board and the Medical Board on examination found no spasticity and no deformity in left upper limb of the petitioner vide order dated 20.12.2013 (Annexure P-5), which has been affirmed by the Additional Commissioner also by the order dated 19.01.2015 (Annexure P-1). However, by the impugned order dated 01.03.2014 (Annexure P-6), the petitioner has been held to be guilty of major misconduct on account of submitting forged physically handicapped certificate and as per condition No. (1) & (9) of the appointment order dated 05.01.2011 read with Rule 5(b)(vi) of the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules, 1999 holding the petitioner to 5 be guilty of major misconduct, he has been terminated from service. 8. On perusal of the record, two things are apparent that the petitioner was on probation on the date when the order dated 01.03.2014 was passed and furthermore as per the medical certificate dated 20.12.2013, it has been found that the petitioner is not suffering from any deformity in left upper limb. The petitioner was probationer on the date of his termination. His services have been terminated by the impugned order which is not termination simplicitor but is stigmatic in nature and therefore, the termination of the petitioner could not have been done without affording an reasonable opportunity of hearing to the petitioner. 9. Accordingly, the impugned order dated 01.03.2014 (Annexure P-6) passed by the Chief Executive Officer, Zila Panchayat and the impugned order dated 19.01.2015 (Annexure P-1) passed by the Additional Commissioner are hereby set aside. The matter is remitted to the Chief Executive Officer, Zila Panchayat, Bilaspur, to pass a fresh order after affording an opportunity of hearing to the petitioner, in accordance with law. However, the petitioner will not be entitled for reinstatement upon setting aside of the impugned orders dated 01.03.2014 & 19.01.2015, as it is the case of the respondents that the post of Shiksha 6 Karmi Grade-I, on which the petitioner was appointed, is reserved for physically handicapped person and the petitioner is not holding the physically handicapped certificate, as his certificate has been found forged by the Medical Board in medical examination and therefore, he is also not entitled for any benefits at present. However, respondent No.4- Chief Executive Officer, Zila Panchayat, will take final decision within a period of three months from the date of receipt of copy of this order. 10. In the result, the writ petition is partly allowed. No order as to costs. Ashok Sd/- (Sanjay K. Agrawal) Judge