KAVITA PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of fact and law is involved in both of these writ petitions, they have been heard together and are being decided by this common order.

(2.) Both the petitioners herein were appointed on the post of Shiksha Karmi Grade III by Janpad Panchayat, Bhopalpatnam vide order dated 31/05/2005 (Annexure P/3) under the provisions of Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997 and they completed the probation period of three years. Thereafter, taking cognizance of the letter dated 03/10/2009 written by the C.E.O., Janpad Panchayat, Bhopalpatnam, the Deputy Collector, Bijapur initiated proceeding under Section 85 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter 'Act of 1993') and issued notice to the present two petitioners as well as eight other persons. The petitioners appeared and sought time to file reply but they were refused time and ultimately, in a long drawn process, vide order dated 19/12/2009 (Annexure P/10) final order was passed by the Collector, Bijapur directing removal of petitioners along with other persons from the post of Shiksha Karmi Grade III under Section 85(1) of the Act of 1993 and a copy of that order was sent to the State Government in compliance of Section 85(2) of the Act of 1993, but it is the case of the petitioners that thereafter nothing has taken place.

(3.) In WPS No. 3874/2010, the petitioner has called in question the order dated 12/07/2010 (Annexure P/1) passed by the Commissioner, Bastar Division dismissing the appeal preferred by the petitioner against order dated 19/12/2009 (Annexure P/10) passed by the Collector, Bijapur directing removal of petitioner from the post of Shiksha Karmi Grade III.