- (1.) THE present petition filed under Article 226 of the Constitution of India impugnes the order dated 27-05-2005 passed by the Government of Chhattisgarh, Scheduled Castes & Schedules Tribes and Tribal Welfare Department suspending the petitioner.
(2.) THE facts relevant for disposal of this petition are that the petitioner was appointed as Chief Executive Officer-Circle Organizer in the year 1982. The petitioner was posted as Chief Executive Officer, Janpad Panchayat, Jagdalpur during the period 2001-02. The petitioner was assigned the powers of Pariyojna Adhikari, Zila Panchayat Mini Jal Grahan Kshetra also. In November, 2004 the petitioner was transferred from the post of Chief Executive Officer, Janpad Panchayat, jagdalpur to the post of Chief Executive Officer, Janpad Panchayat, Darbha. A show cause notice was issued by the Chief Executive Officer, Zila Panchayat Bastar against the petitioner on 28-02-2004 (Annexure P-2) to submit his explanation to the allegations that on enquiry it was found that when the petitioner was looking after the work of Mini Jal Grahan Kshetra as Pariyojna Adhikari, Jagdalpur, irregularities have been committed in purchases and planting of trees. It was further found in the enquiry that several plants have not been planted as such the Government had suffered a loss of Rs. 3.00 lakhs. The petitioner has committed gross irregularities and misconduct in performance of this duty. A reply was submitted by the petitioner to the said show cause notice on 26-04- 2004 stating that the petitioner was not responsible for the work as the same was executed by the Micro Watershed Committee. On 05-08-2004, the Secretary to the State Government, Scheduled Castes & Scheduled Tribes and Tribal Welfare Department issued one more show cause notice (Annexure P-5) that during the period from August, 2002 to 2003, the seedlings of Cashew nuts were not planted properly and had been found dead causing a loss of Rs. 10.00 lakhs to the State Exchequer, other seedlings were also not planted as such causing a loss of Rs. 30.00 lakhs, as to why the petitioner be not put under suspension during the period of departmental enquiry. Reply to the said show cause notice was also submitted by the petitioner in August, 2004 itself (Annexure P-4) stating that he was not responsible for the plantation and the entire work was executed by the Committee under the supervision of the Collector.
(3.) IT appears that after considering the reply submitted by the petitioner to the Chief Executive Officer, Zila Panchayat, Bastar and to the Secretary, Scheduled Castes & Scheduled Tribes and Tribal Welfare Department, the petitioner was suspended on the ground that the petitioner has committed financial irregularities in plantation of cashew nut plants and has failed to perform his duties property, vide order dated 27-05-2005 (Annexure P-6) in accordance with Rule 9 of the Chhattisgarh Civil Services (Classification, Control & Appeal), Rules, 1966 (herein after referred to as "the Rules, 1966");