DARASRAM Vs. NAGAR PANCHAYAT KHARSIA

JUDGEMENT

(1.) HEARD.

(2.) THE petitioners have filed this petition being aggrieved by the order of Annexures P-6 to P-10 dated 1. 6. 1998 and also against the order of the Collector, raigarh dated 25. 8. 1998 of Annexure P-12 and the order of Additional Commissioner, Bilaspur Division, Bilaspur dated 18. 2. 1999 of Annexure P-14, whereby, Municipal council discharged the petitioners from the post of Peon and the Appeal preferred by the petitioners against their removal from services has been subsequently dismissed by the Collector and Additional Commissioner.

(3.) MS. Sharmila Singhai, learned counsel appearing for the petitioners submits that petitioners were appointed as Peon by the Nagar Panchayat, Kharsia vide order of annexures P-1 to P-5 dated 5. 12. 1995 on probation for a period of two years from the date of their appointment. However, they were discharged from services vide order dated 1. 6. 1998 with a tip that the establishment expenses of the Nagar Panchayat exceeded the prescribed limit and the services of the petitioners are no more required. She vehemently argued that the above termination orders were passed without issuance of any show-cause notice to the petitioners and without observing the principles of natural justice in contravention of Rule 49 of the Employees Recruitment and Conditions of Service Rules, 1968, (for short the `rules of 1968') as the major penalty of termination has been imposed without any notice. She further submits that in the meeting of Nagar Panchayat, the removal of the petitioners from services was not in agenda; however, the same was taken-up at the last moment and resolution was passed by the Nagar Panchayat contrary to section 56 (3) of the Chhattisgarh Municipalities, Act 1961 (for short the `act of 1961' ). The ground that establishment expenses exceeded from the permissible limit is factually incorrect, as after removal of the petitioners from establishment, 17 Shiksha Karmis were appointed by the respondent-Nagar Panchayat.