ANJORDAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE present petition filed under Article 226/227 of the constitution of India impugns the order dated 2. 9. 2006 (Annexure P/6) passed by the respondent No. 4 - Sarpanch, gram Panchayat, Jamri, whereby the petitioner has been terminated from the post of (Secretary) Panchayat Karmi of the Gram Panchayat Jamri, Block - Dongargarh, District -Rajnandgaona.

(2.) THE indisputable facts are that the petitioner was appointed as Panchayat Karmi (Secretary) by order dated 16. 1. 1999 (Annexure P/1 ). The Collector, Rajnandgaon sent a communication dated 28. 10. 2005 (Annexure P/4) to the Chief executive Officer, Janpad Panchayat, Dongargarh, stating that in the light of the report dated 13. 10. 2005 it is established that the petitioner had collected money for construction of dry-latrine from 21 families living below the poverty line and misappropriated the same. It was directed to lodge F. I. R. against the petitioner and take necessary action for his removal from the post of Secretary.

(3.) THEREAFTER, the petitioner received a show cause notice dated 24. 2. 2006 (Annexure P/2), issued by the respondent no. 2, stating therein that in a preliminary enquiry the allegations of financial irregularities and misbehaviour with the panchayat office bearers and villagers have been found proved. The petitioner was called upon to submit his reply within a period of three days asto why the appointment of the petitioner under Section 69 (1) of the Chhattisgarh panchayat Raj Adhiniyam, 1993, on the post of Secretary be not cancelled.