NIDHI KESHARWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that the petitioner was duly appointed on the post of Shiksha Karmi Grade-II by the appointment order dated 17.06.2005 (Annexure P-3). On the basis of certain complaint, by order dated 06.12.2005 (Annexure P-2) the Director, Panchayat & Social Welfare, Raipur, while exercising his power under Section 85 (1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam, 1993"), suspended the execution of the order of appointment, issued by the Chief Executive Officer, Zila Panchayat, Janjgir-Champa. On the basis of said order dated 06.12.2005, the Chief Executive Officer, passed the impugned order of termination on 13.12.2005 (Annexure P-1) without affording any opportunity of hearing.

(2.) LEARNED counsel appearing for the petitioner submits that the impugned order passed by the Chief Executive Officer, is without competence, as he has exceeded his jurisdiction in terminating the services of the petitioner without following due process of law, as prescribed under the Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (for short "the Rules, 1997").

(3.) HAVING heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto, it is evident that the Chief Executive Officer has passed the order of termination on the basis of suspension order passed under Section 85 (1) by the Director. Section 85(1) of the Adhiniyam, 1993 reads as under: