Decided on April 26,2005

Ravindra Kumar Bairagi Appellant


L.C. Bhadoo, J. - (1.) The petitioner, who was appointed as Samvida Shikshak Grade-III in Gram Panchayat Sukhapali, District Janjgir-Champa by respondent No. 4 through a selection after inviting applications from the eligible candidates, has questioned the legality and propriety of order dated 13-10-2004 (Annexure P-11) passed by the Additional Collector, Janjgir-Champa in Appeal No. 5/A/98(15)/2003-04 affirming the order of Sub-Divisional Officer (Revenue), Dabhara dated 26-2-2004 passed in Case No. I/A-89(15) 2003-04.
(2.) Brief facts leading to filing of this petition, as mentioned in the petition, are that process for recruitment of Samvida Shikshak Grade-III was taken up by Gram Panchayat Sukhapali, District Janjgir Champa Under the C.G. Panchayat Contract teachers (Appointment & Conditions of Service) Rules, 2001 as amended on 27-7-2002, in that respect an advertisement inviting application, from the eligible candidates was published the newspapers and in response lo that advertisement more than 70 candidates applied. Thereafter, according to the Rules a selection committee was constituted and after scrutinising the applications 31 candidates were found eligible as per Annexure P-3. The candidates were called for interview and out of total 31 candidates only 10 candidates had appeared before the selection committee. A merit list was prepared (Annexure P-5) and in the said merit list the petitioner herein secured 72.5%, therefore, he was appointed as Samvida Shikshak Grade-III vide Annexure P-6 dated 23-8-2003 and in compliance of the said order the petitioner joined his duties. However some written complaints were made by Puniram Banjara & Bhupendra Kumar Patel to the Chief Executive Officer, Janpad Panchayat, Dabhara (Annexure P-7 & P-8), who forwarded the same to the Sub Divisional Officer, Dabhara. On receiving complaints the Sub- Divisional Officer issued notices to the Sarpanch & Secretary of Gram Panchayat Sukhapali and they were directed to produce entire records regarding the selection of Samvida Shikshak Grade-III. However, the petitioner was not given any notice or opportunity of hearing and vide order dated 26-2-2004 (Annexure P-9) the SDO set aside the whole selection process of Samvida Shikshak Grade-III and directed the Panchayat to prepare a fresh list. Against the said order the petitioner had preferred an appeal before the Additional Collector, which was dismissed by the Additional Collector vide order Annexure P-10.
(3.) The case of the petitioner is that the Sub-Divisional Officer, Dabhara conducted the enquiry without giving any opportunity of hearing to the petitioner, as no notice was given to him, therefore, principles of natural justice have been violated and on that score only the impugned order is liable to be quashed.;

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