Smt. Rajni Singh v. The State Of Chhattisgarh

Chhattisgarh HC20 Oct 2024WPS/6427/2016

Case brief

AI extract

What is this about?

cancellation of promotion; Shiksha Karmi Grad-II; Shiksha Karmi Grade-III Assistant Teacher; panchayat teacher promotion; show cause notice not issued; no opportunity of hearing; principles of natural justice violation; order set aside; liberty to proceed in accordance with law; Annexure-P/06; respondent No.03 C.E.O. Zila Panchayat Janjgir Champa; Chhattisgarh; service law; administrative action; WPS 6427 of 2016; NAFR (marked as printed).

What did the court decide?

Writ petition allowed to the extent that the impugned order dated 28.10.2016 (Annexure-P/06) cancelling the petitioner's promotion to Shiksha Karmi Grad-II is set aside for violation of the principles of natural justice; respondent No.03 may proceed in accordance with law. No costs. ¶¶24

Smt. Rajni Singh Vs The State Of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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Page No.1 of 2 IN WPS-6427-2016

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2024:CGHC:41475

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 6427 of 2016

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Smt. Rajni Singh W/o Shri R. S. Maravi, Aged About 37 Years Working As Shiksha Karmi Grade Ill Assistant Teacher Panchayat, R/o B-8, Aashirwad Shiv Ram Colony, Civil And Revenue Distt. Janjgir Champa, Chhattisgarh, Chhattisgarh

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... PetitionerPetitioner

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Digitally ... PetitionerPetitioner signed by SAIFAN SAIFAN KHAN

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Date: Versus KHAN 2024.10.24 11:08:35 +0530 1 - The State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Secretariat, Mahanadi Bhawan, New Raipur, Distt. Raipur, Chhattisgarh, Chhattisgarh

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2 - The Director, Public Instructions, Directorate, Distt. Raipur, Chhattisgarh

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3 - The Chief Executive Officer C E O, Office Of Zila Panchayat JanjgirChampa, Distt Janjgir Champa, Chhattisgarh

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4 - The District Education Officer D E O, Distt Janjgir Champa, Chhattisgarh

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5 - The Block Education Officer B E O, Nawagarh, Distt. Janjgir Champa, Chhattisgarh

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6 - The Chief Executive Officer, C E O, Janpad Panchayat, Block Nawagarh, Distt Janjgir Champa, Chhattisgarh

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... Respondents (Cause-title taken from Case Information System) ----------------------------------------------------------------------------------------------For Petitioner : Mr. Sameer Behar, Advocate For Respondent/State : Mr. Ashutosh Shukla, Panel Lawyer For Respondents No.3 & 6 : Ms. Chetna Sharma, Advocate

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SB: Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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21. 10.2024

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1. Heard.

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2. Learned counsel for the petitioner submits that though by order

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Page No.2 of 2 IN WPS-6427-2016

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dated 17.10.2016 the petitioner was promoted on the post of Shiksha Karmi Grad-II, but subsequently by impugned order dated 28.10.2016 (Annexure-P/06) the said promotion order of the petitioner has been cancelled by the respondent No.03 that too without giving any opportunity of hearing to her, which is bad in law.

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3. On the other hand, learned counsel appearing for the respective respondents supported the impugned order and pray for dismissal of the writ petition.

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4. True it is that in the instant case firstly by order dated 17.10.2016 the petitioner was promoted on the post of Shiksha Karmi Grad-II, but thereafter by impugned order dated 28.10.2016 (Annexure-P/06) the said promotion of the petitioner stood cancelled by the respondent No.03 and, before doing so, neither any show cause notice was issued to the petitioner nor she was giving any opportunity of hearing. As such, the impugned order dated 28.10.2016 (Annexure-P/06) is hereby set aside being passed in violation of the principles of natural justice. However, the respondent No.03 is at liberty to proceed in accordance with law.

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5. The writ petition is allowed to the extent indicated herein above. No cost.

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Sd/- (Sanjay K. Agrawal) Judge

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s@if

Smt. Rajni Singh v. The State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Rajni Singh v. The State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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