BHUPINDRA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) The petitioner herein calls in question legality, validity and correctness of the order dated 16-12-2010 by which the petitioner's services on the post of Shiksha Karmi Grade-III have been terminated.

(3.) Ms. Diksha Gouraha, learned counsel appearing for the petitioner, would submit that the petitioner was appointed on the post of Shiksha Karmi Grade-III on 17-6-2005 (Annexure P-2) and thereafter, his services were regularised by order dated 5-6-2010 (Annexure P-3) on the vacant post of Shiksha Karmi Grade-III after completing the period of probation in the pay-scale of Rs.3,800-100-5,800/-, but by the impugned order dated 16-12-2010 (Annexure P-1), his services have been terminated holding that his domicile certificate has been cancelled by the Sub-Divisional Officer (Revenue), Manendragarh on 14-12-2010. She would further submit that the petitioner at the relevant point of time was regular Shiksha Karmi Grade-III and therefore in accordance with Rule 9 of the Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (for short, 'the Rules of 1997'), the disciplinary authority would be the General Administration Standing Committee of the Zila Panchyat or Janpad Panchyat, as the case may be and therefore for termination of the petitioner, the competent authority would be the General Administration Standing Committee of the Janpad Panchayat, but the order impugned terminating the services of the petitioner has been passed by the Chief Executive Officer, Janpad Panchayat who is not competent to pass the order. Even otherwise, in accordance with the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Services) Rules, 2007 (for short, 'the Rules of 2007'), which came into force with effect from 30-11-2007, the position remains unaltered and even under Rule 10 of the said Rules of 2007, the General Administrative Standing Committee of the Janpad Panchayat shall be the disciplinary authority for major punishment and therefore the impugned order of termination passed by respondent No.5 Chief Executive Officer, Janpad Panchayat, Manendragarh is without jurisdiction and without authority of law and is liable to be set aside.