ISHWAR PRASAD Vs. STATE OF C G

JUDGEMENT

(1.) By this petition, the Petitioner seeks quashing of the order dated 15-6-2009 (Annexure P/l) passed by the Collector, Janjgir-Champa, by which the Petitioner was dismissed from the service and also directed to initiate recovery proceedings as well as criminal proceedings against the Petitioner.

(2.) The facts, in nutshell, as projected by the Petitioner for proper adjudication of the case, are that the Petitioner was working as sales man in the Fair Price Shop (for short "the FPS") of the Respondent Sewa Sahakari Samiti Maryadit, Rahod (Respondent No. 3) on daily wages basis. The said FPS was operated and run by Sewa Sahakari Samiti Maryadit and Jamuna Prasad Yadaw (Respondent No. 4). According to the Petitioner, in response to one show cause notice, the Respondent No. 4 filed reply by putting the forged signature of the Petitioner and contested the case. On 27-04-2009 (Annexure P/2), the Sub Divisional Officer, Pamgarh suspended the allotment order of the FPS and attached the same with the Sewa Sahakari Samiti, Mehandi.

(3.) Being aggrieved by the order dated 27-04-2009, the Respondents No. 3 & 4 filed two separate appeals before the Collector raising the ground that the order dated 27-04-2009 was passed without affording proper opportunity of hearing and without recording any evidence. In the said appeal, the Petitioner herein was impleaded as party/Respondent. The Collector without issuing any notice to the Petitioner, passed the order dated 15-06-2009 directing the authorities concerned to remove the Petitioner from the service and to initiate recovery proceedings in lieu of shortage of stock of essential commodities in FPS and also directed to initiate criminal proceedings against the Petitioner. Thus, this petition.