CHANNU LAL PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dated 26.10.2006 (Annexure P-6), passed by the Dy. Director, Panchayat & Social Welfare, whereby, the appointment of the petitioner Panchayat Secretary, Gram Panchayat- Parasbod was cancelled and the order dated 25.03.2008 (Annexure P-1), passed by the Collector, Rajnandgaon, whereby, the revision preferred by the petitioner against the order dated 26.10.2006, was dismissed, confirming the order passed by the Dy. Director, Panchayat & Social Welfare, Rajnandgaon.

(2.) The petitioner was initially appointed as Panchayat Karmi, thereafter by order dated 18.06.1997 (Annexure P-2), he was appointed as Panchayat Secretary under provisions of Section 69(1) of the Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam"). According to learned counsel appearing for the petitioner, the appointment of the petitioner as Panchayat Secretary was cancelled by order dated 26.10.2006 (Annexure P-6) without holding a proper enquiry as contemplated under Rule 7 of Chhattisgarh Panchayat Services (Discipline & Appeal) Rules, 1999 (for short "the Rules, 1999").

(3.) Shri Verma, relies on a decision of a Division Bench of this Court in Rooplal Nayak v. State of Chhattisgarh & Others1, wherein, it was held that even withdrawal of the order of appointment on the post of Panchayat Secretary tantamounts to reduction in rank and since reduction in rank is a major penalty in terms of Rule 5(b)(iv) of the Rules, it cannot be imposed on a member of the Panchayat Service without conducting a regular departmental enquiry as envisaged under Rule 7 of the Rules, 1999.