PRASHANT KUMAR VISHWAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the petitioner is challenging the legality, validity and propriety of the order dtd. 27/1/2023 passed by respondent no.3, whereby the petitioner's appointment has been cancelled without conducting any departmental enquiry and without affording any opportunity of hearing.

(2.) By way of this petition, the petitioner has prayed for following reliefs:-

(3.) The facts of the case are that the respondent authorities had duly sanctioned the post of Assistant Librarian for 17 districts in Chhattisgarh, including District Kondagaon, vide order dtd. 21/9/2017 and notification dtd. 21/5/2018, pursuant to which respondent no.5 issued an advertisement on 17/9/2018 inviting applications along with prescribed qualifications. The petitioner applied within time, fulfilled all eligibility criteria, and after publication of the merit list and consideration of objections, was appointed as Assistant Librarian on 13/9/2019 and subsequently regularized vide order dtd. 1/10/2021, after satisfactorily completing the probation period. The petitioner continuously discharged his duties diligently. However, without issuing any show cause notice, without supplying the letter dtd. 19/1/2023 referred to therein, and without conducting any departmental enquiry or affording opportunity of hearing, respondent no.3 abruptly issued the impugned order dtd. 27/1/2023 cancelling the petitioner's appointment on the ground that the post was not sanctioned.