Smt. Padma Thakur vs State Of Chhattisgarh
2021 Latest Caselaw 2417 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                         Writ Petition (S) No. 5000 of 2021

   1. Smt. Padma Thakur W/o Shri Birendra Kumar Thakur Aged About 47
      Years R/o Village Ghogho Puri, P.O. Tarri, Thana and Tehsil - Gurur
      District- Balod (C.G.) Pin 491227.
   2. Taneshwar Kumar Deshmukh S/o Shri Goverdhan Lal Deshmukh Aged
      About 46 Years R/o Village Bhatgaon, Police Out Post - Jeora Sirsa,
      Thana Pulgaon, Tehsil and District- Durg (C.G.) Pin 491001.
   3. Ram Kumar S/o Shri Khiraj Ram Aged About 38 Years R/o Village Parsahi,
      P.O. Khapri, Thana, Tehsil and District- Balod (C.G.) Pin 491226.
                                                                  ---Petitioner(s)
                                      Versus
   1. State of Chhattisgarh Through The Secretary Panchayat And Rural
      Development Department Mantralaya Mahanadi Bhawan, Capital
      Complex, Atal Nagar, Naya Raipur, District- Raipur (C.G.).
   2. The Collector Bemetara, District- Bemetara (C.G.).
   3. The Chief Executive Officer Janpad Panchayat, Nawagarh, District-
      Bemetara (C.G.).
                                                                 ---Respondents

For Petitioners : Shri Rabi Bhushan Sharma, Advocate.

      For State                   :      Ms. Sunita Jain, Govt. Advocate.

                        Hon'ble Shri Justice P. Sam Koshy
                                 Order on Board

20.09.2021.

1. The limited relief the petitioners seeks for through the present writ petition

is for an appropriate direction to the respondents to consider and decide

their representation so far as their claim for appointment is concerned in

the light of judgment dated 28.02.2020 passed by the Chief Judicial

Magistrate, Bemetara, acquitting the petitioners from the offences

punishable under Sections 420, 467,468 R/w Section 34 and Section 471

IPC.

2. The contention of the petitioners are that they were initially appointed on

the post of Shiksha Karmi Grade-III, however, subsequently there was a

complaint lodged that the mark sheets and the BTI certificate of the

petitioners were fake and fabricated. That, accordingly a criminal case was

also registered and the petitioners were also arrested for the said act.

Meanwhile, the orders of appointment issued in favour of the petitioners

were all cancelled by the Collector and the petitioners stood terminated.

Now vide judgment dated 28.02.2020 the petitioners stand acquitted from

the criminal court.

3. Now the contention of the petitioners are that since the criminal court had

already acquitted the petitioners, the respondents should reconsider

granting appointment to the petitioners for the reason that apart from the

criminal case there was no other departmental enquiry as such conducted

to ascertain the credibility of the documents which is said to be false and

fabricated. They further submit that similarly placed persons have already

been granted permission to represent before the authorities vide order

dated 24.08.2020 passed in WPS No.3331 of 2020 and therefore the case

of the petitioners also be disposed of permitting them to represent before

the authorities.

4. Given the said facts and circumstances of the case, the writ petition at this

juncture stands disposed of permitting the petitioners to represent before

the district administration ventilating their grievances. That, upon such

representation being made, the district administration i.e the authority who

has cancelled the order of appointment of the petitioners, shall take an

appropriate decision in accordance with law on its own merits at the

earliest preferably within a period of 90 days from the date of receipt of

copy of this order.

5. The writ petition accordingly stands disposed of.

Sd/-

(P. Sam Koshy) Judge inder