1 Digitally signed by SIDDHANT TAMRAKAR 2026:CGHC:26006SIDDHANT TAMRAKAR Date: 2026.06.25 18:02:33 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2434 of 2021  Ramchandra Prajapati S/o Banwari Lal Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Bbhani, Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Panchayat And Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar Raipur, District Raipur Chhattisgarh 2. Collector Balrampur Ramanujganj District Balrampur Ramanujganj Chhattisgarh 3. Chief Executive Officer Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh 4. Chief Executive Officer Zila Panchayat Balrampur, District Balrampur Ramanujganj Chhattisgarh 5. Program Officer Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh ... Respondent(s) For Petitioner : Mr. A.K. Yadav, Advocate For State : Mr. Vivek Siddharth Ojha, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.06.2026 1. By way of this petition, the petitioner has sought the following relief(s):-“10.1 That this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the present case. 10.2 That this Hon'ble Court may please to quash the impugned order dated 05-03-2021 (ANNEXURE P-1) Passed by the Chief Executive Officer, Janpad 2

Panchayat-Wadrafnagar, District Balrampur-Ramanujganj (C.G.). 10.3 That this Hon'ble court may further be pleased to pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.” 2. The facts in brief are that the petitioner, who was posted as Rojgar Sahayak under Gram Panchayat, Bbhani in Janpad Panchayat Wadrafnagar, District Balrampur-Ramanujganj (C.G.) was removed from services vide order dated 05.03.2021 by the Chief Executive Officer, Janpad Panchayat, Wadrafnagar, Balrampur-Ramanujganj (C.G.). 3. Mr. Yadav, learned counsel appearing for the petitioner would submit that the Commissioner MGNREGA vide its communication dated 28.09.2018 amended the procedure for removal of Rojgar Sahayak. He would further submit that according to said communication, the Chief Executive Officer Janpad Panchayat, if receives a complaint against a Rojgar Sahayak, he will conduct an inquiry and will submit its report before the Chief Executive Officer Zila Panchayat, who will be disciplinary authority to inflict penalty. He would contend that in the present case, the inquiry was conducted by two Technical Assistants(MGNREGA), Janpad Panchayat, Wadrafnagar. He would further contend that as the inquiry was conducted contrary to the communication dated 28.09.2018, the order dated 05.03.2021 (Annexure P/1) is bad in law.

4. On the other hand, learned State counsel would oppose. He would submit that the Chief Executive Officer, Janpad Panchayat delegated power to the Technical Assistants(MGNREGA), Janpad Panchayat, Wadrafnagar to conduct an inquiry and pursuant to said order, inquiry was conducted. He would contend that in the inquiry, the petitioner was found guilty and 3 therefore, the Chief Executive Officer, Janpad Panchayat exercising power according to communication dated 28.09.2018 inflicted penalty. 5. I have heard the learned counsel appearing for the parties and perused the documents placed on record. 6. A perusal of the communication dated 28.09.2018 would make it clear that when complaint with regard to financial irregularities against Rojgar Sahahyak is received by the Chief Executive Officer, he shall conduct an inquiry and thereafter, forward its report to the Chief Executive Officer, Zila Panchayat. The Chief Executive Officer, Zila Panchayat shall issue a show cause notice to such Rojgar Sahayak and provide an opportunity of hearing. The relevant part of the communication dated 28.09.2018 is reproduced herein below : "विषयांतर्गतसंदर्भितपत्रकेमाध्यमसेमहात्मागांधीराष्ट्रीय ग्रामीणरोजगारगारंटीयोजनाअंतर्गतग्रामरोजगारसहायकोंकी योग्यता, नियुक्ति एवंपदसमाप्ति केसंबंधमेंनिर्देशदियेगगयेहै। ग्रामरोजगारसहायकोंकोपदसेपृथककरनेकेसंबंधमेंपत्रकी कंडिका13 मेंनिम्नानुसोरसशोधनकियाजाताहै-

1. ग्रामरोजगारसहायककेविरुद्धअनियमितता/ कर्तव्यके प्रति लापरवाहीकीजानकारीप्राप्तहोनेपरमुख्यकार्यपालन अधिकारीजनपदपंचायतद्वाराजांचकीजावेगी।जांचमें दोषीपायेजानेपरजांचप्रतिवेदनमुख्यकार्यपालनअधिकारी जिलापंचायतकोप्रेषितकीजायेगी। 2. मुख्यकार्यपालनअधिकारी, जिलापंचायतद्वारासंबंधित ग्रामरोजगारसहायककोउक्तप्रकरणकेसंबंधमेंकारण बताओंसूचनाजारीकरउन्हेअपनापक्षरखनेकाअवसर प्रदानकियाजावेगा। 3. मुख्यकार्यपालनअधिकारीजिलापंचायतद्वाराकीगगई सुनवाई में दोषी पाये जाने पर जिला कार्यक्रम समन्वयक/ कलेक्टरसेअनुमोदनउपरांतमुख्यकार्यपालन अधिकारी जनपदपंचायतद्वारा पदसेपृथककरनेकी कार्यवाहीकीजावेगी।" 7. In the present case, the Chief Executive Officer, Janpad Panchayat concurred with the Inquiry Report submitted by committee and issued the order of 4 termination. 8. Taking into consideration the above-discussed facts, order dated 05.03.2021 (Annexure P/1) is hereby quashed. The petitioner shall be entitled for reinstatement in service forthwith, without back wages. Respondents No. 3 & 4 are directed to afford an opportunity of hearing to the petitioner and take appropriate action strictly in accordance with the communication dated 30.07.2014 and 28.09.2018 within a period of 30 days from the date of receipt of copy of this order. 9. Mr. Vivek Siddharth Ojha, Panel Lawyer is directed to communicate this order to respondents No. 3 & 4. 10. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant

1 Digitally signed by SIDDHANT TAMRAKAR 2026:CGHC:26006SIDDHANT TAMRAKAR Date: 2026.06.25 18:02:33 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2434 of 2021  Ramchandra Prajapati S/o Banwari Lal Aged About 26 Years Working As Rojgar Sahayak, Gram Panchayat Bbhani, Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Panchayat And Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar Raipur, District Raipur Chhattisgarh 2. Collector Balrampur Ramanujganj District Balrampur Ramanujganj Chhattisgarh 3. Chief Executive Officer Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh 4. Chief Executive Officer Zila Panchayat Balrampur, District Balrampur Ramanujganj Chhattisgarh 5. Program Officer Janpad Panchayat Wadrafnagar, District Balrampur Ramanujganj Chhattisgarh ... Respondent(s) For Petitioner : Mr. A.K. Yadav, Advocate For State : Mr. Vivek Siddharth Ojha, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.06.2026 1. By way of this petition, the petitioner has sought the following relief(s):-“10.1 That this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the present case. 10.2 That this Hon'ble Court may please to quash the impugned order dated 05-03-2021 (ANNEXURE P-1) Passed by the Chief Executive Officer, Janpad 2

Panchayat-Wadrafnagar, District Balrampur-Ramanujganj (C.G.). 10.3 That this Hon'ble court may further be pleased to pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.” 2. The facts in brief are that the petitioner, who was posted as Rojgar Sahayak under Gram Panchayat, Bbhani in Janpad Panchayat Wadrafnagar, District Balrampur-Ramanujganj (C.G.) was removed from services vide order dated 05.03.2021 by the Chief Executive Officer, Janpad Panchayat, Wadrafnagar, Balrampur-Ramanujganj (C.G.). 3. Mr. Yadav, learned counsel appearing for the petitioner would submit that the Commissioner MGNREGA vide its communication dated 28.09.2018 amended the procedure for removal of Rojgar Sahayak. He would further submit that according to said communication, the Chief Executive Officer Janpad Panchayat, if receives a complaint against a Rojgar Sahayak, he will conduct an inquiry and will submit its report before the Chief Executive Officer Zila Panchayat, who will be disciplinary authority to inflict penalty. He would contend that in the present case, the inquiry was conducted by two Technical Assistants(MGNREGA), Janpad Panchayat, Wadrafnagar. He would further contend that as the inquiry was conducted contrary to the communication dated 28.09.2018, the order dated 05.03.2021 (Annexure P/1) is bad in law.

4. On the other hand, learned State counsel would oppose. He would submit that the Chief Executive Officer, Janpad Panchayat delegated power to the Technical Assistants(MGNREGA), Janpad Panchayat, Wadrafnagar to conduct an inquiry and pursuant to said order, inquiry was conducted. He would contend that in the inquiry, the petitioner was found guilty and 3 therefore, the Chief Executive Officer, Janpad Panchayat exercising power according to communication dated 28.09.2018 inflicted penalty. 5. I have heard the learned counsel appearing for the parties and perused the documents placed on record. 6. A perusal of the communication dated 28.09.2018 would make it clear that when complaint with regard to financial irregularities against Rojgar Sahahyak is received by the Chief Executive Officer, he shall conduct an inquiry and thereafter, forward its report to the Chief Executive Officer, Zila Panchayat. The Chief Executive Officer, Zila Panchayat shall issue a show cause notice to such Rojgar Sahayak and provide an opportunity of hearing. The relevant part of the communication dated 28.09.2018 is reproduced herein below : "विषयांतर्गतसंदर्भितपत्रकेमाध्यमसेमहात्मागांधीराष्ट्रीय ग्रामीणरोजगारगारंटीयोजनाअंतर्गतग्रामरोजगारसहायकोंकी योग्यता, नियुक्ति एवंपदसमाप्ति केसंबंधमेंनिर्देशदियेगगयेहै। ग्रामरोजगारसहायकोंकोपदसेपृथककरनेकेसंबंधमेंपत्रकी कंडिका13 मेंनिम्नानुसोरसशोधनकियाजाताहै-

1. ग्रामरोजगारसहायककेविरुद्धअनियमितता/ कर्तव्यके प्रति लापरवाहीकीजानकारीप्राप्तहोनेपरमुख्यकार्यपालन अधिकारीजनपदपंचायतद्वाराजांचकीजावेगी।जांचमें दोषीपायेजानेपरजांचप्रतिवेदनमुख्यकार्यपालनअधिकारी जिलापंचायतकोप्रेषितकीजायेगी। 2. मुख्यकार्यपालनअधिकारी, जिलापंचायतद्वारासंबंधित ग्रामरोजगारसहायककोउक्तप्रकरणकेसंबंधमेंकारण बताओंसूचनाजारीकरउन्हेअपनापक्षरखनेकाअवसर प्रदानकियाजावेगा। 3. मुख्यकार्यपालनअधिकारीजिलापंचायतद्वाराकीगगई सुनवाई में दोषी पाये जाने पर जिला कार्यक्रम समन्वयक/ कलेक्टरसेअनुमोदनउपरांतमुख्यकार्यपालन अधिकारी जनपदपंचायतद्वारा पदसेपृथककरनेकी कार्यवाहीकीजावेगी।" 7. In the present case, the Chief Executive Officer, Janpad Panchayat concurred with the Inquiry Report submitted by committee and issued the order of 4 termination. 8. Taking into consideration the above-discussed facts, order dated 05.03.2021 (Annexure P/1) is hereby quashed. The petitioner shall be entitled for reinstatement in service forthwith, without back wages. Respondents No. 3 & 4 are directed to afford an opportunity of hearing to the petitioner and take appropriate action strictly in accordance with the communication dated 30.07.2014 and 28.09.2018 within a period of 30 days from the date of receipt of copy of this order. 9. Mr. Vivek Siddharth Ojha, Panel Lawyer is directed to communicate this order to respondents No. 3 & 4. 10. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant