YOGESH CHANDRAKAR Vs. STATE OF C.G.

JUDGEMENT

(1.) With the consent of learned counsel for both the parties, the matter is heard finally.

(2.) This writ petition has been preferred under Article 226 of the Constitution of India challenging the order dtd. 5/12/2018 (Annexure P-1) passed by respondent No. 3 / Collector, Dhamtari, whereby the petitioner was subjected to major penalty of dismissal from the post of Assistant Teacher (LB), Govt. Primary School, Madvapathra, Block Dhamtari, District Dhamtari (C.G.).

(3.) Facts of the case, in nutshell, are that the petitioner was initially appointed with the respondents as Shiksha Karmi Grade-III vide order dtd. 13/6/2005 and was posted at Naveen Primary School, Chuchrungpur (Mandaraud) for a probation of two years, on completion of which his service was confirmed vide order dtd. 25/7/2008 (Annexure P-2). His service was absorbed with the respondent No. 1 as Assistant Teacher (LB) under the School Education Department with effect from 1/7/2018 vide order dtd. 21/8/2018 (Annexure P-3). Thereafter, vide order dtd. 30/7/2018, the petitioner was placed under suspension and straightway in a disciplinary proceeding, an Enquiry Officer was appointed without issuing charge-sheet levelling charges against the petitioner enabling him to understand as to what are the allegations levelled against him. The petitioner was straightaway asked to inform about personal hearing / verbal hearing and name and address of witnesses within a period of three days, else ex- parte enquiry will be conducted against him. The petitioner did not appear before the Enquriy Officer, thereafter, he was attached at the office of the District Election Officer (General Branch), District Dhamtari (C.G.). Vide notice dtd. 1/11/2018, explanation was sought from the petitioner alleging undue influence over the election process. He filed reply to the said explanation, but without considering the same and without conducting departmental enquiry, vide impugned order dtd. 5/12/2018 (Annexure P-1), respondent No. 3/ Collector, Dhamtari dismissed the petitioner from his service, which has been challenged by the petitioner in the instant petition.