Smt. Sushila Paikra v. State Of Chhattisgarh
Case brief
What is this about?
Shiksha Karmi Grade-III termination; Chhattisgarh Panchayat Raj Adhiniyam 1993 Sections 85(1) & 85(2) and proviso; prescribed authority power limited to suspension of panchayat/GAC resolution, not cancellation; mandatory opportunity of hearing to Panchayat and affected person before confirmation/revision by State Government or nominated officer; order without hearing without jurisdiction; principles of natural justice; Naresh Singh v. State of M.P., 2002 (2) MPLJ 575 relied on; Surbhi Mishra WPS No. 2419 of 2015 distinguished; Collector Surajpur; Directorate of Panchayat Raipur; Janpad Panchayat Surajpur; remand for fresh decision within 03 months from 09.09.2024; reinstatement left for later consideration; WPS No. 4069 of 2015; Justice Sanjay K. Agrawal; 20.08.2024; NAFR.
What did the court decide?
All 75 writ petitions allowed to the extent indicated (¶988), with no costs: the Directorate of Panchayat, Raipur's order dated 11.06.2015 affirming the Collector's order dated 12.05.2015 is set aside as violative of natural justice; consequently the Collector's direction dated 16.06.2015 and the ensuing termination orders dated 23.06.2015 passed by the CEO, Janpad Panchayat, Surajpur are quashed/set aside. Matter remitted to the Directorate of Panchayat, Raipur for fresh consideration and decision in accordance with law keeping in mind natural justice and after due opportunity of hearing to all parties, specially the petitioners; petitioners and the Jila/Janpad Panchayats to appear before the Directorate on 09.09.2024; entire exercise to be completed within 03 months from 09.09.2024; CEOs of Jila and Janpad Panchayats, Surajpur to provide all necessary records/documents on or before 09.09.2024; question of reinstatement to be considered by the respondents/competent authority after the Directorate's decision; Court expressed no opinion on merits.