MADHURI MAHOBIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner, who was working as Shiksha Karmi Grade-II subsequently renamed as Teacher Panchayat has filed this petition challenging termination from service vide order dtd. 8/2/2016 (Annexure P/5) as per the provisions of Rule 11 of Chhattisgarh Shikshak (Panchayat) Sanvarg (Bharti thatha seva ki shartain Niyam), 2012 (for short "the Niyam, 2012").

(2.) Before adverting to the factual matrix of the case, it is necessary for this Court to examine the scheme/rule which governs the field Panchayat Shikshak. The Government of Chhattisgarh has enacted Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam, 1993") and in pursuance of power conferred under Sec. 70 (2) of the Adhiniyam, 1993, the qualification, method of recruitment, salary, leave, allowances and other conditions of service including disciplinary matter of such officer and servant have to be prescribed by the Panchayat. In pursuance of the power, the State Government has framed Chhattisgarh Teacher (Panchayat) (Cadre Recruitment and Condition of Service) Rule, 2012 (for short "the Rule, 2012"). The Rule 10 deals with the discipline and control, Rule 11 deals with termination of service, which is necessary for this case, therefore, it is extracted below:-

(3.) The Rule 12 deals with general condition of service, which reads as under:-