BHEEM SINGH DHRUV Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India for quashing of the order dtd. 9/5/2017 (Annexure P/1) passed by the learned District and Sessions Judge, Raigarh (C.G.) in Case No. 116/Do-11-05/2015 by which the appeal filed by petitioner has been dismissed and also challenged the order dtd. 22/9/2016 (Annexure P/5) by which the service of the petitioner has been terminated by learned District and Sessions Judge, Raigarh on the count that the petitioner was having three children after 26/1/2001 which is against the Rule 6(6) of Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 (in short ' the Rules, 1961').

(2.) Brief facts of the case are that the petitioner was appointed by the Respondent No.3 on the post of Choukidar after following due process of selection on 22/8/2007. In compliance of the order dtd. 22/8/2007 the petitioner joined his duties. It is the case of the petitioner that prior to joining of service, he was two living children and during service period a child was also born on 16/1/2011. The Respondent No.3 sought information from all the class IV employees regarding marital status and number of living child. The petitioner submitted reply clearly mentioning that his two children were born on 8/10/2004, 25/3/2007 and thereafter third child was born on 16/1/2011.

(3.) The respondent without giving any opportunity of hearing terminated the service on the count that the petitioner is having more than two children which dis-entitled the petitioner to get Government job as per Rule 6(6) of Rules of 1961. Being aggrieved with this order the petitioner has preferred Writ Petition before this Court bearing registration number WP(S) No. 478/2017. This Court vide its order dtd. 30/1/2017 granting the liberty to the petitioner to prefer an appeal within 15 days and same shall be decided by the Appellate Authority within 2 months from the date of presentation of appeal.