MANGLU RAM THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this petition the only legal issue arising for consideration is whether the petitioner, Panchayat Karmi, could be dismissed from service on the allegations of misconduct without holding any enquiry as prescribed in Rule 7 of the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 (for short,"the Rules of 1999").

(2.) Relevant facts necessary for decision of the case are that the petitioner was initially appointed as Panchayat Karmi on 17-01-1995 under resolution of the Gram Panchayat, Pendri (Gobra) Block Dhamdha, Tahsil Dhamdha, District Durg. Later on, the petitioner was also given the charge of Panchayat Secretary of Gram Panchayat, Pendri (Gobra), Tahsil Dhamdha, District Durg vide order dated 16-01-1996.

(3.) On certain allegations of misconduct, a notice was issued to the petitioner on 28-05-2007. It also appears that a criminal case was also registered against the petitioner by police station Dhamdha. After giving show cause notice to the petitioner to which he did not submit any reply, the Gram Panchayat proceeded to pass a resolution and service of the petitioner dismissed vide impugned order dated 08-09-2007, giving rise to this petition.