HEM RAM PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE present petition, filed under Article 226 of the constitution of India impugns the order dated 2/9/2002 (Annexure P/2), passed by the Collector, Raipur and the order dated 3/9/2007 (Annexure P/1), passed by the Director, Panchayat, Chhattisgarh, whereby the appeal preferred by the petitioner against the order of removal from service, has been dismissed.

(2.) BRIEF facts, in nutshell, are that by order dated 1.11.1995 (Annexure P/3) the petitioner was appointed as Panchayat Karmi in village Panchayat- Konari, Tahsil - Palari, District - Raipur. Thereafter, by order dated 15.6.1999 the petitioner was declared as Secretary. On a complaint made by the then Sarpanch Smt. Ganga Bai Baghel against the petitioner in regard to misbehavior and assault in the meeting of the village Panchayat, a criminal case was registered against the petitioner for the offence under Sections 354, 290, 323 of the Indian Penal Code and under Sections 3(1) (x) and 3(1) (xi) of the Scheduled Caste and scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "the Act,1989") in the Police Station, Balod Bazar. As a result of the registration of the criminal case against the petitioner, by impugned order dated 2.9.2002 (Annexure P/2), passed by the Collector, Raipur, the earlier order dated 15.6.1999, whereby the petitioner was declared Secretary, was cancelled with immediate effect.

(3.) ON the other hand learned counsel appearing for the respondents/ State supports the impugned orders.