(1.) THIS writ petition has been filed challenging the resolution passed by the Kasibahal Gram Panchayat, in the district of Kalahandi, dated 03.6.2013 (Annexure 9), disengaging the petitioner as Gram Rozgar Sevak .
(2.) THE facts of the case, as detailed in the writ petition, is that the petitioner was appointed as Gram Rozgar Sevak ('GRS' for short) vide order dated 14.12.2007, issued by the Kasibahal Gram Panchayat, as per Annexure 1, on contractual basis, with a consolidated remuneration of Rs.2,000/ per month. Pursuant to such appointment, the petitioner joined as GRS and discharged his duties as assigned to him. While continuing in service as a GRS, the petitioner was served with a show cause notice issued by the Addl. Dist. Magistrate, dated 10.12.2010 (Annexure 3), under which the petitioner was intimated that a grievance petition has been received from the people of Kasibahal Gram Panchayat regarding the issue of rice on BPL/APL cards, which was enquired into by the Civil Supplies Officer, Kalahandi and as per the enquiry report, the petitioner was found to have deliberately retained 23 nos. of BPL card and getting benefit of rice without the knowledge of the card holders and their family members and thereby depriving the poor and needy beneficiaries from getting their legitimate entitlement of rice. Accordingly, the petitioner was asked to explain as to why disciplinary action shall not be initiated against him for such lapses.
(3.) AS the explanation given by the petitioner was not found satisfactory and the enquiry report of the Civil Supplies Officer, Kalahandi, clearly implicated the petitioner with regard to misappropriation of BPL rice, the District Panchayat Officer, Kalahandi, vide letter dated 07.10.2011 (Annexure 4), intimated the Block Development Officer, Koksara ('B.D.O.' for short), to recover the cost of the misappropriated rice from the petitioner as well as from the Sarapanch and VLW cum PEO of Kasibahal Grama Panchayat opposite party nos.5 and 6 respectively. Accordingly, the B.D.O. vide its letter dated 26.11.2011 (Annexure 5), intimated the petitioner as well as the opposite party nos.5 and 6 to deposit Rs.20,447.36/ each, towards the cost of the misappropriated rice by 30.11.2011.