SAHEBI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal has been preferred by the legal representatives of Jiyaram Kushwaha (original petitioner) challenging the order dtd. 20/6/2017 passed by the learned Single Judge in WPS No. 4645 of 2007, whereby the writ petition has been dismissed.

(2.) The brief facts of the present case are that, originally, the writ petition before the learned Single Judge was filed by Jiya Ram Kushwaha, who died during the pendency of the writ petition and his legal representatives were brought on record. Late Jiya Ram Kushwaha was working as Sanitary Inspector in Nagar Palika Parisad, Surajpur, Chhattisgarh. Article of charge was framed by the respondent No.5 on 26/6/2003 and a departmental enquiry was commenced. The specific charges framed against the deceased employee are reproduced hereinbelow:

(3.) The deceased employee replied to the charges on 22/8/2023 and denied the allegations made against him. A full-fledged enquiry was held and Enquiry Officer found charges No.1 and 4 proved, charge No. 3 partly proved, and charges No. 2 and 5 not proved. The Disciplinary Authority, on the basis of enquiry report, imposed punishment of dismissal from the service vide order dtd. 10/6/2004. The deceased employee preferred an appeal before the Collector and vide order dtd. 7/8/2006, same was allowed and matter was remitted back to the Disciplinary Authority for passing appropriate order afresh. Aggrieved by the order of the Collector dtd. 7/8/2006, the employer preferred an appeal before the Commissioner and same was allowed vide order 14/2/2007 by setting-aside the order passed by the Collector and restoring the order of Disciplinary Authority.