Smt. Ranika Sahu v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5157 of 2011 • Smt. Ranika Sahu W/o Shri Hirensra Sahu, aged about 27 years, Occupation-Service, posted as Shiksha Karmi Grade-I, Government Higher Secondary School, Nipaniya, BlockBhatapara, District Raipur, C.G. ---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, School Education Department, D.K.S. Bhawan, Mantralaya, Raipur, C.G.

2. State of Chhattisgarh through the Chief Secretary, Panchayat and Rural Development Department, D.K.S. Bhawan, Mantralaya, Raipur, C.G.

3. The Collector, Raipur, District Raipur, C.G.

4. The Chief Executive Officer, District Panchayat, Raipur, District Raipur, C.G.

---- Respondents For Petitioner :- Ms. Indira Tripathi, Advocate. For State/Respondents :- Mr. Soumya Rai, PL Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/08/2021

1. Proceedings of this matter have been taken up through video conferencing.

2. Learned counsel for the petitioner would submit that petitioner was appointed on the post of Shiksha Karmi Grade-I on 08.07.2011 by respondent No.4 vide Annexure - P/5, but she has been terminated by order dated 11.08.2011 vide Annexure - P/2 without giving opportunity of hearing and without affording any opportunity to file reply and justify her appointment which is in violative of principles of natural justice.

3. Learned State counsel would support the impugned order.

4. I have heard learned counsel for the parties considered their rival submission made herein above and went through the record with utmost circumspection.

5. It is not in dispute that petitioner has appointed as Shiksha Karmi Grade-I by order dated 08.07.2011 (Annexure - P/5) but that order has been recalled/cancelled by order dated 11.08.2011 (Annexure - P/2) without

giving opportunity of hearing and without affording opportunity to explain and justify her appointed on the post of Shiksha Karmi Grade-I which is in violative of principles of natural justice and the appointment of the petitioner on the post of Shiksha Karmi Grade-I cannot be taken away without giving minimum opportunity of hearing, accordingly, impugned order dated 11.08.2011 is set aside. However, respondent No.4 is at liberty to proceed in accordance with law.

6. The petition is allowed to the extent indicated herein-above.

Sd/- (Sanjay K. Agrawal) Judge Ankit