BASANT KUMAR BELODHIYA Vs. STATE OF C.G.

JUDGEMENT

(1.) This writ petition is directed against order dtd. 31/3/2016 (Annexure P/1) passed by the Commissioner, Durg Division/respondent No.2, by which order dtd. 26/10/2015 (Annexure P/5) passed by the Collector, Balod upholding the petitioner's termination from service vide order 8/10/2014 (Annexure P/2) has been affirmed.

(2.) The facts of the case, in a nutshell, is that the petitioner was working as Shiksha Karmi Grade-III/Sahayak Shikshak (Panchayat) at the Government Primary School, Ghotiya, District - Balod, however, he remained unauthorisedly absent from his duties for the period from 18/7/2012 to 8/10/2014, as he was arrested for offences under Ss. 498-A & 304-B of the Indian Penal Code. Consequently, the petitioner was dismissed from service vide order dtd. 8/10/2014 (Annexure P/2) passed by the Chief Executive Officer, Janpad Panchayat, Dondi, Balod. Against which, the petitioner preferred an appeal before the Collector, Balod, however, the same was dismissed vide order dtd. 26/10/2015 (Annexure P/5) and, thereafter, the revision filed by the petitioner before the Commissioner, Durg Division was also dismissed vide impugned order dtd. 31/3/2016 (Annexure P/1).

(3.) Mr. Rajkumar Pali, learned counsel for the petitioner would submit that the petitioner was dismissed from service without holding any departmental enquiry and the same has also been affirmed by the Collector and the Commissioner, which is not in accordance with law and is liable to be set aside.