LAWS(CHH)-2015-2-60

KOOPCHARAN DAS Vs. STATE OF CHHATTISGARH AND OTHERS

Decided On February 09, 2015
Koopcharan Das Appellant
V/S
STATE OF CHHATTISGARH AND OTHERS Respondents

JUDGEMENT

(1.) Case of the petitioner is that on 10.7.2000 he was appointed as Panchayat Karmi (Secretary) of Gram Panchayat-Aghanpur, Distt. Bastar vide Annexure P/1 and subsequently, on 19.7.2000 the Chief Executive Officer has also passed an order appointing him as Panchayat Secretary. According to the petitioner, after working for few days on his post, by an oral order his services were terminated and he was not allowed to perform his duties despite his continuous insistence and representations. Further case of the petitioner is that at the subsequent stage, Gram Panchayat-Aghanpur got merged in the Municipal Corporation, Jagdalpur and services of all the employees, except the petitioner, were also absorbed by the Municipal Corporation, Jagdalpur. According to the petitioner, he has been removed from the post of Panchayat Karmi (Secretary) without following the provisions of Rule 7 of Chhattisgarh Panchayat Services (Discipline and Appeal) Rules, 1999 and as his removal is against the fundamental principles of Constitution of India, the action of the respondents is bad in the eye of law.

(2.) In this petition, the petitioner has prayed for direction from this Court to the respondents to allow him to perform his duties as Panchayat Karmi (Secretary), merge his services in the Municipal Corporation, Jagdalpur as also for grant of suitable compensation.

(3.) Counsel for the petitioner has placed his reliance on the judgment in the matters of Yunus (Baboobhai) A Hamid Padvekar v. State of Maharashtra, JT 2009 (3) SC 487.