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Chattisgarh High Court

Rajendra Kumar Singh vs State Of Chhattisgarh on 3 March, 2022

Author: Sanjay K. Agrawal

Bench: Sanjay K. Agrawal

                                   1

                                                                     AFR
         HIGH COURT OF CHHATTISGARH AT BILASPUR
             Writ Petition (S) No. 6033 of 2021
1. Ashish     Kumar        Chandrakar      S/o     Late   Doman    Lal
  Chandrakar Aged About 33 Years Training Officer,
  Govt. Industrial Training Institute, Dongargarh
  District Rajnandgaon Chhattisgarh

2. Gopendra Kumar Dewangan S/o Bharat Singh Dewangan
  Aged      About     46    Years       Training    Officer,      Govt.
  Industrial          Training           Institute,       Dongargarh
  District Rajnandgaon Chhattisgarh

3. Jhabalesh      Kumar Sahu S/o Tirath Ram Sahu Aged
  About 36 Years Training Officer, Govt. Industrial
  Training        Institute,           Raipur      District     Raipur
  Chhattisgarh

4. Dharmendra Kumar Verma S/o Uday Bhanoo Verma Aged
  About 43 Years Training Officer, Govt. Industrial
  Training          Institute,           Patan      District       Durg
  Chhattisgarh

                                                   ­­­­ Petitioners
                              Versus
1. State     Of     Chhattisgarh         Through    The   Secretary,
  Department         Of      Skill       Development,      Technical
  Education         And    Employment,       Mantralaya       Mahanadi
  Bhawan      Atal         Nagar       Raipur,     District    Raipur
  Chhattisgarh

2. General        Administration            Department         Through
  Secretary, Mahanadi Bhawan Raipur District Raipur
  Chhattisgarh

3. The     Director        Directorate       Of     Employment      And
  Training Indravati Bhavan Block 04 First Floor
  Naya Raipur Chhattisgarh
                                      2

4. Joint         Director          (Training)              Establishment
  Directorate Of Employment And Training Indravati
  Bhavan      Block       04     First           Floor     Naya        Raipur
  Chhattisgarh

                                                     ­­­­ Respondents
WPS No. 5899 of 2021

Vinita Janardan D/o Sakha Ram Janardan Aged About 33 Years Occupation Service, Currently Posted As Training Officer In Government Iti Durg Chhattisgarh, R/o Plot No. 2934, Manjula Niwas, Ward No. 61, Nahar Road, Tikrapara, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ­­­­ Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Department Of Skill Development, Technical Education And Employment Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director Technical Education Employment And Training, Block ­4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Principal Industrial Training Institute, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ­­­­ Respondents WPS No. 5907 of 2021 Sunil Kumar Garhewal S/o Shri Dhanau Ram Garhewal Aged About 33 Years Presently Posted At Training 3 Officer (W C S And E D) Govt. Adarsh I T I Koni Bilaspur Chhattisgarh R/o Village Post Munund District Janjgir Champa Chhattisgarh ­­­­ Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh

2. Director Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh

3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh ­­­­ Respondents WPS No. 5960 of 2021 Chandra Prakash Kashyap S/o Shri Pratap Singh Kashyap Aged About 35 Years Presently Posted At Training Officer (Copa) I T I Govt. I T I Suregaon, District Balod, Chhattisgarh, R/o C/o Mr Satish Tiwari, Hari Niwas College Road Arjunda, District Balod, Chhattisgarh, District :

Balod, Chhattisgarh ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4
2. Director, Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
3. Joint Director (Trainee) Directorate Of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ­­­­ Respondents WPS No. 5962 of 2021 Mithlesh Sonkhutiya S/o Shri Gumani Ram Sonkutiya Aged About 33 Years Presently Posted At­ Training Officer (Wcs/ed), Govt. Iti Durg (Chhattisgarh) R/o Opposite Hirwani Petrol Pump House Number 49 Ward Number 02 Nh 930 Gurur, District­ Balod (Chhattisgarh) ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Plaining Mantralaya, Mahanadi Bhawan Naya Raipur, Raipur (Chhattisgarh)
2. Director Directorate Of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur (Chhattisgarh)
3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur (Chhattisgarh) ­­­­ Respondents 5 WPS No. 5980 of 2021 Santosh Kumar Sahu S/o Late Ramprakash Sahu Aged About 35 Years Presently Posted At Training Officer (Ictsm), Government Women Iti Bhilai , District Durg Chhattisgarh, R/o House No. D 265 , Phase 2, Ramagreen City, Khamtarai Road, Bilaspur , District Bilaspur Chhattisgarh., District :
Bilaspur, Chhattisgarh ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur , Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Director Directorate Of Employment And Training , Indrawati Bhawan Block 4 First Floor, Naya Raipur , Atal Nagar District Raipur Chhattisgarh.
3. Joint Director (Trainee) Directorate Of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur , Atal Nagar, District Raipur Chhattisgarh.

­­­­ Respondents WPS No. 5997 of 2021 Nisha Verma (Nayak) D/o Gulab Dev Nayak Aged About 35 Years Occupation­ Service, Currently Posted As Training Officer In Government Iti, Mana, District­ Raipur Chhattisgarh, R/o House No. 54/1310, Pallavi Vihar, Rohinipuram, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ­­­­ Petitioner Versus 6

1. State Of Chhattisgarh Through Secretary Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, District­ Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

2. Director Technical Education Employment And Training, Block­4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District­ Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

3. Principal Industrial Training Institute, Mana, District­ Raipur, Chhattisgarh, District :

Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6010 of 2021 Seema Yadav D/o Late Shri Satish Yadav Aged About 31 Years Occupation­ Service, Currently Posted As Training Officer In Government Iti, Saddu, Raipur, Chhattisgarh, R/o Baigapara, Trishul Chowk, Ward No. 6, Ganjpara Durg, District­ Durg, Chhattisgarh, District : Durg, Chhattisgarh ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through Secretary Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, District­ Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
2. Director Technical Education Employment And Training, Block­4, First Floor, Indrawati Bhawan, 7 Nawa Raipur, Atal Nagar, District­ Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
3. Principal Industrial Training Institute, Raipur, District­ Raipur, Chhattisgarh, District :
Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6023 of 2021 Shradha Gupta W/o Shiv Kumar Gupta Aged About 35 Years Occupation Service, Currently Posted As Training Officer In Government Iti, Mana, District Raipur (C.G.), R/o H­17, Sai Vatika Colony, Devpuri, Raipur (C.G.), District : Raipur, Chhattisgarh ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through Secretary Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, District Raipur (C.G.), District : Raipur, Chhattisgarh
2. Director Technical Education Employment And Training, Block­4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.), District : Raipur, Chhattisgarh
3. Pricipal Industrial Training Institute, Mana, District Raipur (C.G.), District : Raipur, Chhattisgarh ­­­­ Respondents 8 WPS No. 6034 of 2021 Gunja Dewangan D/o Suresh Dewangan Aged About 33 Years Occupation­ Service, Currently Posted As Training Officer In Government Iti, Saddu, Raipur, District­ Raipur (Chhattisgarh), R/o Gandhi Nagar, Pandri, Near Radha­Krishna Temple, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through Secretary Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, District­ Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2. Director Technical Education Employment And Training, Block­4 First Floor, Indrawati Bhawan Nawa Raipur, Atal Nagar, District­ Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
3. Principal Industrial Training Institute, Raipur, District­ Raipur (Chhattisgarh), District :
Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6042 of 2021 Shalini Singh W/o Anil Kumar Singh Aged About 34 Years Occupation Service Currently Posted As Training Officer In Government Iti, Saddu, Raipur District Raipur (C.G.), R/o D­3, Avani Vihar, Daldal Seoni, Mowa, Raipur (C.G.), District :
Raipur, Chhattisgarh ­­­­ Petitioner 9 Versus
1. State Of Chhattisgarh Through Secretary Department Of Skill Development Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur Atal Nagar, District Raipur (C.G.), District : Raipur, Chhattisgarh
2. Director, Technical Education Employment And Training, Block 4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.), District : Raipur, Chhattisgarh
3. Principal, Industrial Taining Institute Saddu, Raipur, District Raipur (C.G.), District :
Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6073 of 2021 Durgesh Kumar Sahu, S/o Ashok Sahu, Aged About 34 Years Occupation ­ Service, Currently Posted As Training Officer In Miti Koni, Bilaspur (C.G.), R/o Balram Singh Plot, Yadunandan Nagar, Tifra, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through Secretary Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, District ­ Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Director, Technical Education Employment And Training, Block­4, First Floor, Indrawati Bhawan, 10 Nawa Raipur, Atal Nagar, District ­ Raipur Chhattisgarh Chhattisgarh., District : Raipur, Chhattisgarh
3. Principal, Industrial Training Institute, Koni, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ­­­­ Respondents WPS No. 6123 of 2021 Preeti Shrivastava D/o Late Rakesh Kumar Shrivastav Aged About 32 Years Occupation Service, Currently Posted As Training Officer In Government Iti, Mana, District Raipur Chhattisgarh, R/o Near Anmol, Hardware, Sector ­ 2, Deendayal Upadhyay Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ­­­­ Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Director Technical Education Employment And Training, Block ­ 4, First Floor, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Principal Industrial Training Institute, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ­­­­ Respondents 11 WPS No. 6133 of 2021
1. Yogeshwari Verma W/o Rishi Verma Aged About 40 Years Occupation­ Service Currently Posted As Training Officer In Government Iti, Saddu, Raipur District ­ Raipur Chhattisgarh. R/o Bhumiya Post, Sarora Gosadan, Block­Tilda Neora, Raipur Chhattisgarh.

­­­­ Petitioner Versus

1. State Of Chhattisgarh Through Secretary Department Of Skill Development, Technical Education And Employment, Mahandadi Bhawan Mantralaya, Nawa Raipur, Atal Nagar District­ Raipur Chhattisgarh.

2. Director, Technical Education Employment And Training, Block­4, First Floor, Indrawati Bhawanm Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

3. Principal, Industrial Training Institute, Raipur District­Raipur Chhattisgarh.

­­­­ Respondents WPS No. 6192 of 2021 Smt. Aradhna Nath W/o Shri Deepankar Nath Aged About 38 Years Presently Posted At Training Officer (Rac), Iti­Govt. Iti Koni Bilaspur Chhattigarh R/o Miti Colony Koni, Bilaspur District Bilaspur Chhattisgarh ­­­­ Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning, Mahanadi 12 Bhawan, Mantralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh

2. Director Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur District Raipur Chhattisgarh

3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur District Raipur Chhattisgarh ­­­­ Respondents WPS No. 6194 of 2021 Praful Kumar Shah S/o Shri Kamta Prasad Shah Aged About 35 Years Presently Posted At Training Officer (It And Esm), Govt. Iti, Kurud, District Dhamtari Chhattisgarh R/o Village Darrabhatha, P. O. Mudpar, Via Jairamnagar, District Bilaspur Chhattisgarh ­­­­ Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh

2. Director Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur District Raipur Chhattisgarh

3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur District Raipur Chhattisgarh ­­­­ Respondents 13 WPS No. 6267 of 2021

1. Jayanti Markande S/o Shri Ukha Ram Markande Aged About 32 Years Presently Posted At Training Officer (Electrician), Iti Name Govt. Iti Balod District Balod R/o C/o Subhash Chand Kurre Village Umarpoti Tehsil Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh

2. Ved Prakash Chandrawanshi S/o Shri Bain Lal Chandrawanshi Aged About 34 Years Presently Posted At Training Officer (Rac) Iti Name Govt. Iti Chhuriya Chhattisgarh. R/o Village And Post Mendha, Tehsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planing Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ­­­­ Respondents 14 WPS No. 6269 of 2021

1. Bhupendra Kumar Sahu S/o Shri Narottam Ram Sahu Aged About 36 Years Presently Posted At ­ Training Officer (Wcs And Ed) Govt. Iti Wadrafnagar (Chhattisgarh) R/o Village / Post ­ Khopli, Durg, District Durg (Chhattisgarh), District : Durg, Chhattisgarh

2. Ravikiran Bhardwaj D/o Shri Rajendra Kumar Bhardwaj Aged About 38 Years Presently Posted At ­ Training Officer (Wcs And Ed) Govt. Iti Arang (Chhattisgarh) R/o Q.No. G/106, Nit Campus, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Director, Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3. Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6271 of 2021

1. Yogesh Kumar Singh Kshatri S/o Shri Surendra Singh Aged About 44 Years Presently Posted At 15 Training Officer (Electrician), Govt. Iti Dabhra, R/o Govt. Iti Dabhra, Near Degree College, Dabhra, District Janjgir Champa Tehsil Dabhra District Janjgir Champa Chhattisgarh., District :

Janjgir­Champa, Chhattisgarh

2. Anjulata Dhiwar W/o Shri Ashwani Dhiwar Aged About 42 Years Presently Posted At Training Officer (Wcs And Ed), Miti Koni Bilaspur Chhattisgarh. R/o T ­ 36/2, Miti Colony, Koni, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planing Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6273 of 2021

1. Jyoti Bhagat D/o Shri Ranku Ram Bhagat Aged About 36 Years Presently Posted At ­ Training Officer (Copa), Government Iti Bemetara Chhattisgarh, R/o ­ W/o Prakash Chandra Prasad Ward No 10, Infront 16 Of Bit, Kobiya Tehsil­ Bemetara District ­ Bemetara.

2. Sajani Deshlahara D/o Shri Sitaram Deshlahara, Aged About 35 Years Presently Posted At ­Traning Officer (Wcs/ed), Government Iti Bhilai Chhattisgarh. R/o ­ House No. 301 Block­B Dindayal Colony Khamharkiya Junwani Bhilai, Police Station Smriti Naagar, District Durg.

­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Deparment Of Man Power Planing Mantralaya Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh.

2. Director Directorate Of Employment And Training, Indrawti Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh.

3. Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh.

­­­­ Respondents WPS No. 6274 of 2021

1. Savita Singh D/o Shri Ramdev Singh, Aged About 32 Years Presently Posted At Training Officer (Fitter), Govt. Iti Parpodi, District Bemetara (Chhattisgarh) R/o House No. 810, Front Of Adarsh Hospital, Milan Chowk, Camp­2, Bhilai Chhattisgarh Tehsil Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh

2. Vindheshwari Singh, W/o Shri Dr. P.L. Shori, Aged About 43 Years Presently Posted At Training 17 Officer (Fitter), Govt. In Ambikapur (Chhattisgarh) R/o Pradhan Gali, Mission Chowk, Ambikapur Tehsil Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Director, Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6278 of 2021

1. Omprakash Dewangan S/o Shri Shiv Kumar Dewangan Aged About 34 Years Presently ­ Posted At Training Officer (Wcs And Ed) Government I.T.I. Dondilohara, District ­ Balod Chhattisgarh R/o ­Village And Post ­Kapasda Tehsil ­ Dhamdha, District Durg Chhattisgarh.

2. Kamaleshwar Patel, S/o Shri Kun Ram Patel Aged About 33 Years Presently Posted At Training Officer (Welder) Government Iti Dabhra Chhattisgarh. R/o Phathamuda Talab Ke Saamne, 18 Kahrapara, Post­Jute ­Mill, District Raigarh Chhattisgarh.

­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planing Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh.

2. Director Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipour Chhattisgarh.

3. Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh.

­­­­ Respondents WPS No. 6282 of 2021

1. Surendra Dewangan S/o Late Hemlal Dewangan Aged About 36 Years Presently Posted At Training Officer (Electronics) Govt. Iti Kurud Dhamtari Chhattisgarh. R/o Lane No. 03 Waed No­16, Tulsipur Near Kabir Mandir Rajnandgaon, District Rajnandgaon Chhattisgarh.

­­­­ Petitioner Versus • State Of Chhattisgarh Through The Secretary, Department Of Man Power Planing Mantralaya, Mahanadi Bahwan Naya Raipur, Raipur Chhattisgarh.

• Director, Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh.

19

• Joint Director (Trainee) Directorate Of Employment And Training Indrawti Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur Chhattisgarh.

­­­­ Respondents WPS No. 6287 of 2021

1. Set Prakash Yadav S/o Shri Kanhaiya Lal Yadav Aged About 33 Years Presently Posted At Training Officer, (Fitter) Govt. Iti Kunkuri, District Jashpur Chhattisgarh R/o Shri Krishna Puri Amleshwar, Village Amleshwar, Block Patan, Opposite Green Earth City, District Durg Chhattisgarh

2. Hemeshwari Sonwani D/o Shri Bishnu Das Sonwani Aged About 37 Years Presently Posted At Training Officer (Wcs And Ed) Govt. Iti Kurud Chhattisgarh R/o Hig B12 Janta Colony Lakholi Rajnandgaon Tehsil Rajnandgaon District Rajnandgaon Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur Raipur Chhattisgarh

2. Director Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur Atal Nagar, Raipur District Raipur Chhattisgarh

3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan, Block 20 4 First Floor, Naya Raipur Atal Nagar, District Raipur Chhattisgarh ­­­­ Respondents WPS No. 6292 of 2021

1. Neetu Deshalahare D/o Shri Kanakram Deshalahare Aged About 36 Years Presently Posted At Training Officer (Copa)govt. Iti Dhamdha (Chhattisgarh), R/o H. No. 382/ Kh­ Tilak Ward No. 7 Berla, Tehsil Berla, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh

2. Archana Toppo D/o Phildius Toppo Aged About 38 Years Presently Posted At Training Officer (Electrician) Govt. Iti. Ambikapur, Chhattisgarh R/o Ward No. 8 Funduldihari Beechpara Infront Of Ganbesh Kirana Store, Post/tehsil Ambikapur, Gandhinagar District Sarguja, District : Surguja (Ambikapur), Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mntralaya, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

2. Director Directorate Of Employment And Training Indrawati Bhawan, Block­4 First Floor, Naya Raipur, Atal Nagar District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

3. Joint Director (Trainee), Directorate Of Employment And Training Indrawati Bhawan, Block­4 First Floor, Naya Raipur, Atal Nagar District Raipur, Chhattisgarh ­­­­ Respondents 21 WPS No. 6294 of 2021

1. Indira Naik W/o Shri Umesh Patel Aged About 33 Years Presently Posted At Training Officer (Ictsm), Iti Name Govt. Iti Koni Bilaspur, Chhattisgarh, R/o Miti Colony Koni Bilaspur, Police Station Koni Tehsil Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

2. Rajpati Mehta W/o Shrimithlesh Mehta Aged About 36 Years Presently Posted At Training Officer (Sender) Govt. Iti. Ambikapur, Chhattisgarh R/o Village Digma Sai Baba College Ke Pass, Tehsil/post Ambikapur, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mntralaya, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh,

2. Director Directorate Of Employment And Training Indrawati Bhawan, Block­4 First Floor, Naya Raipur, Atal Nagar District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

3. Joint Director (Trainee), Directorate Of Employment And Training Indrawati Bhawan, Block­4 First Floor, Naya Raipur, Atal Nagar District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ­­­­ Respondents 22 WPS No. 6388 of 2021 Mamta Banjare W/o Shri Uttam Prasad Banjare Aged About 35 Years Presently Posted At Training Officer (Copa) Govt. Iti Tedesara, Rajnandgaon Chhattisgarh R/o Village Shirvadheeh, Pucheli, Mungeli, Tehsil Pathariya, District Mungeli Chhattisgarh ­­­­ Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

2. Director Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur District Raipur Chhattisgarh

3. Joint Director (Trainee) Directorate Of Employment And Training, Indrawati Bhawan, Block 4 First Floor, Naya Raipur District Raipur Chhattisgarh ­­­­ Respondents WPS No. 6393 of 2021

1. Anand Kumar Minz S/o Shri Pushnath Ram Minz, Aged About 35 Years Presently Posted At­ Training Officer (Fitter), Govt. In Kartala Chhattisgarh R/o Qtr.No. G1­Sf6 Rajaswa Colony Kartala Police Station Kartala District Korba Chhattisgarh, District : Korba, Chhattisgarh

2. Rekha Kanwar D/o Shri Madan Singh Aged About 31 Years Presently Posted At Training Officer (Machinist), Govt. Iti Korba (Chhattisgarh) R/o Q.No. H­20 Iti Colony Rampur Korba 495677 23 Chhattisgarh Tehsil Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh ­­­­ Petitioners Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Director, Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Joint Director (Trainee), Directorate Of Employment And Training, Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ­­­­ Respondents WPS No. 6442 of 2021

1. Rajendra Kumar Singh S/o Samar Singh, Aged About 36 Years Presently Posted At­ Training Officer (Fitter), .Iti. Pali Dist. Korba (Chhattisgarh) R/o Vill­ Nawa Gaon (Kala) Tahsil/thana­ Darri, District­ Korba (Chhattisgarh)

2. Awdhesh Kumar Baghel S/o Shri Kartik Ram Baghel Aged About 33 Years Presently Posted At­ Training Officer (Wcs/ed), Iti Name­ Govt. Iti Bhilai (Chhattisgarh) R/o H.No.­223 Sonumuda Kali Mandir Raigarh Cg Pin 496001 Tehsil­ Raigarh, District­ Raigarh (Chhattisgarh) ­­­­ Petitioners 24 Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Man Power Planning Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (Chhattisgarh)

2. Director, Directorate Of Employment And Training, Indrawati Bhawan Block 4 Floor, Naya Raipur, Atal Nagar District Raipur (Chhattisgarh)

3. Joint Director (Trainee), Directorate Of Employment And Training Indrawati Bhawan Block 4 First Floor, Naya Raipur, Atal Nagar District Raipur (Chhattisgarh) ­­­­ Respondents For Petitioners :­ Mr. Uttam Pandey, Mr. Faisal Akhtar and Mr. Sourabh Sahu, Advocates For State :­ Mr. Amrito Das, Addl. A.G. and Mr. Sandeep Dubey, Dy. A.G. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/03/2022

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

2. Petitioners, who are in total 32 in number, have been appointed on the post of Training Officers by the Joint Director, Employment and Training 25 vide order dated 10/01/2013 (Annexure P/2) and after successful completion of two years of service, they have been confirmed on the post of Training Officers vide Annexure P/6.

3. By way of these writ petitions, petitioners have called in question the show cause notice dated 06/10/2021 (Annexure P/1) issued by respondent No. 3 by which it has been held that since the appointment of the petitioners made on the post of Training Officer vide order dated 10/01/2013 (Annexure P/2) is not in accordance with the provisions contained under Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya Pichhde Vargon ke liye Aarakshan) Niyam, 1998 (hereinafter 'Rules of 1998'), therefore, by virtue of Section 14 of Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya Pichhde Vargon ke liye Aarakshan) Adhiniyam, 1994 (hereinafter 'Act of 1994'), their appointment is voidable for which their explanation has been sought by the impugned notice (Annexure P/1).

4. It is the case of the petitioners that the impugned show cause notice (Annexure P/1) has been issued to them all of a sudden after completion of 8 years of service and moreover, 26 since they have been confirmed on the post of Training Officers, their services cannot be dispensed with/terminated without giving them a reasonable opportunity of being heard in terms of Article 311(2) of the Constitution of India, as such, the said show cause notice deserves to be quashed.

5. A detailed return has been filed by the respondents/State stating inter alia that since at the time of appointment of the petitioners, the Rules of 1998 which provide for reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes, have not been followed, therefore, their appointment is voidable by virtue of Section 14 of the Act of 1994 for which show cause notice dated 06/10/2021 (Annexure P/1) has been served to the petitioners seeking their explanation to which they are required to file reply and the instant writ petitions, being premature, deserve to be dismissed.

6. Mr. Uttam Pandey, Mr. Faisal Akhtar and Mr. Sourabh Sahu, learned counsel for the petitioners, would submit that petitioners have been appointed as Training Officers on 10/01/2013 (Annexure P/2) and they have also been confirmed 27 on the said post after successful completion of two years of service (Annexure P/6) but now after completion of 8 years of service, their appointment has been held to be voidable and only the impugned show cause notice dated 06/10/2021 (Annexure P/1) has been issued to them seeking their explanation although the State Government has already made up its mind that petitioners' appointment is voidable. They would also submit that since petitioners have already been confirmed, their services cannot be dispensed with/terminated without following the provisions contained under Article 311(2) of the Constitution of India and rely upon the decision rendered by the Constitution Bench of Supreme Court in the matter of Moti Ram Deka v. General Manager, North East Frontier Railway1. They would further submit that the objection raised by the respondents/State with regard to maintainability of the writ petition is without merit in view of the decision of the Supreme Court in the matter of Siraj Ahmad v. State of Uttar Pradesh and Another2. They would further rely upon the decisions rendered by the Supreme Court in the 1 AIR 1964 SC 600 2 2019 SCC Online SC 1613 28 matters of State of Karnataka and Others v. M.L. Kesari and Others3, Siemens Ltd. v. State of Maharashtra and Others4 and Oryx Fisheries (P) Ltd. v. Union of India5.

7. Mr. Amrito Das, learned Additional Advocate General for the respondents/State, would submit that the impugned notice (Annexure P/1) is simply a show cause notice issued to the petitioners calling their explanation in view of the fact that their appointment is in teeth of provisions contained under the Rules of 1998 and in consequence thereof, their appointment (Annexure P/6) on the post of Training Officers is voidable in accordance with Section 14 of the Act of 1994 and no definite opinion has been formed by the State Government about the services of the petitioners being voidable, as such, this batch of writ petitions, being premature, is not maintainable. He would also submit that petitioners are at liberty to file reply to the show cause notice which will be considered and decided absolutely in accordance with law. He would further submit that reasonable opportunity 3 (2010) 9 SCC 247 4 (2006) 12 SCC 33 5 (2010) 13 SCC 427 29 of hearing is being granted to the petitioners in the form of show cause notice by which their explanation has been called and it is not the case that an order has been passed holding that petitioners' appointment is voidable, as such, these writ petitions deserve to be dismissed.

8. I have heard learned counsel for the parties, considered their rival submissions made herein­ above and went through the records with utmost circumspection.

9. The first question for consideration would be, whether this batch of writ petitions, as framed and filed, against the impugned show cause notice dated 06/10/2021 (Annexure P/1) is maintainable ?

10. In order to answer the aforesaid question, it would be appropriate to notice the show cause notice dated 06/10/2021 (Annexure P/1) which has been called in question in all of these writ petitions. It states as under :­ ससच चलनचलय ररजगचर एवस पशशकण, (पशशकण पक) इस द चवतत भवन, बललक ­04, पथम तल नवच रचयपपर अटल नगर, छततसगढ़ कमचसक ऍफ़ 19­11/ससररप/सथचप­प/गरप./2021/(पचटर 1)/3352/नवच रचयपपर अटल नगर, ददनचसक : 06/10/2021 पशत, शत आशतष कप मचर चसदचकर 30 पशशकण अशधकचरत शचसककय आदरशगक पशशकण सससथच डडगरगढ़ शजलच ­ रचजनचसदगचव (छततसगढ़) ::­ कचरण बतचओ ससच नच ::­ वषर 2010 मम 723 पशशकण अशधकचरतयड कक भतर कक शलए जचरत शवजचपन कक आधचर पर आपकक शनयपशक पशशकण अशधकचरत कक पद पर वषर 2013 मम हई हह | उक शनयपशक मम शवजचपन ददनचसक कर छततसगढ़ लरक सकवच (अनपससशचत जचशतयड, अनपससशचत जनजचशतयड और अनय शपछड़क वगर कक शलए आरकण) शनयम 1998 लचगस थच | आपकक शनयपशक मम उक शनयम कच पचलन नहह दकयच गयच हह | उक शनयम कच पचलन नहह दकयक जचनक कक शसथशत मम शनमचनपसचर पचवधचन हह :

"छततसगढ़ लरक सकवच (अनपससशचत जचतत, अनपससशचत जनजचशतयड और अनय शपछड़क वगर कक शलए आरकण) अशधशनयम, 1994 कक धचरच­14 मम यह उललकशखत हह कक इस अशधशनयम कक पचरमभ हरनक कक पशचतत इस अशधशनयम कक उपबसधड कक उललसघन मम कक गई समसत शनयपशकयचस शसनयकरणतय हरगत|"

2/ अतत कयड न आपकक सकवचयक उपररक अशधशनयम/शनयमड कक पररपककय मम समचप कक जचएए ? ततससबसध मम आप नररटस पचशप कक 15 ददवस कक भततर अपनच सपषतकरण पसतपत करम | शनधचरररत अवशध मम जवचब पचप नहह हरनक पर यह समझच जचवकगच कक इस समबनध मम आपकर कप छ नहह कहनच एवस शनयमचनपसचर एक पकतय कचयरवचहत कक जचवकगत | सहत /­ ससचचलक ररजगचर एवस पशशकण

11. A focused glance of the aforesaid show cause notice would show that though it has been styled as a show cause notice, but in paragraph 1, it has clearly been observed that the appointment for the post of Training Officers held in the year 2013 has not been made in accordance with the rules of reservation contained in the Rules of 1998 as the said provision for reservation has not been complied with and then it has been held that as per Section 14 of the Act of 1994, any 31 appointment made in violation of the provisions contained under the Act of 1994 would be voidable. Thereafter, explanation has been sought from the petitioners as to why their services should not be terminated. The said show cause notice has been branded as an order passed with a predetermined mind to terminate the services of the petitioners by learned counsel for the petitioners, however, it has been countered by learned Additional Advocate General appearing for the respondents/State stating that it is an opportunity of hearing given to the petitioners in the form of a show cause notice seeking explanation from the petitioners as to why their services may not be terminated and as such, the writ petitions are not maintainable.

12. At this stage, it would be pertinent to notice the decision rendered in the matter of Seimens Ltd. (supra) wherein their Lordships of the Supreme Court have held that although ordinarily a writ court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a notice to show cause unless the same inter alia appears to have been without jurisdiction, however, it has to be considered 32 from a different angle, when a notice is issued with premeditation, a writ petition would be maintainable. It has been observed by their Lordships in paragraphs 9 and 10 as under :­ "9. Although ordinarily a writ court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a notice to show cause unless the same inter alia appears to have been without jurisdiction as has been held by this Court in some decisions including State of Uttar Pradesh v. Brahm Datt Sharma and Anr.6, Special Director and Another v. Mohd. Ghulam Ghouse and Another7 and Union of India and Another v. Kunisetty 8 Satyanarayana , but the question herein has to be considered from a different angle, viz, when a notice is issued with pre­meditation, a writ petition would be maintainable. In such an event, even if the courts directs the statutory authority to hear the matter afresh, ordinarily such hearing would not yield any fruitful purpose [See K.I. Shephard and Others v. Union of India and Others9]. It is evident in the instant case that the respondent has clearly made up its mind. It explicitly said so both in the counter affidavit as also in its purported show cause.

10. The said principle has been followed by this Court in V.C. Banaras Hindu University and Ors. v. Shrikant10, stating:

"48. The Vice Chancellor appears to have made up his mind to impose the punishment of dismissal on the Respondent herein. A post decisional hearing given by the High Court was illusory in this case.
49. In K.I. Shephard & Ors.v. Union of India & Ors. (supra), this Court held :
'It is common experience that once a decision has been taken, there is tendency to uphold it and a representation may not really yield any fruitful purpose.'"

6 (1987) 2 SCC 179 7 (2004) 3 SCC 440 8 (2006) 12 SCC 28 9 (1987) 4 SCC 431 10 (2006) 11 SCC 42 33

13. Similarly, in the matter of Oryx Fisheries (supra), it has been held by their Lordships of the Supreme Court as under :­ "23. Relying on the underlined portions in the show­cause notice, the learned counsel for the appellant urged that even at the stage of the show­cause notice the third respondent has completely made up his mind and reached a definite conclusion about the alleged guilt of the appellant. This has rendered the subsequent proceedings an empty ritual and an idle formality.

24. This Court finds that there is a lot of substance in the aforesaid contention. It is well settled that a quasi­judicial authority, while acting in exercise of its statutory power must act fairly and must act with open mind while initiating a show­cause proceeding. A show­cause proceeding is meant to give the person proceeded against a reasonable opportunity of making his objection against the proposed charges indicated in the notice."

14. Reverting to the facts of the present case in light of the principle of law laid down by their Lordships of Supreme Court in the matters of Seimens Ltd. (supra) and Oryx Fisheries (supra), it is quite vivid that these writ petitions questioning the impugned show cause notice (Annexure P/1) would be maintainable if the competent authority has already made up its mind and reached to the conclusion about the termination of the noticee/concerned Government 34 servant. If the facts of the case are examined by the principles of law laid down in the aforesaid judgments, it is quite apparent that in the instant case, the Director, Employment and Training has unilaterally decided rather adjudicated that at the time of appointment of the petitioners, the Rules of 1998 providing for reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes have not been followed and as such, their appointment, being in violation of Section 14 of the Act of 1994, is voidable and thereafter, he has proceeded to seek explanation from the petitioners as to why their services may not be terminated. Thus, the fact remains that the Director, Employment and Training already came to the conclusion that petitioners' appointment is in violation of the Rules of 1998 and consequently, it is voidable being in violation of Section 14 of the Act of 1998. In that view of the matter, this Court is unable to accept the contention of learned Additional Advocate General as the Director, Employment and Training has clearly recorded the finding of petitioners' appointment being voidable. As such, the impugned notice (Annexure 35 P/1) is not merely a show cause notice as a clear­cut finding has been recorded by the Director, Employment and Training, therefore, it is held that these writ petitions, as framed and filed, to question the impugned show cause notice dated 06/01/2021 (Annexure P/1), are maintainable and the contention raised by learned Additional Advocate General in this regard is hereby rejected.

15. Now, the next question for consideration would be, whether petitioners, being confirmed Government servants on the post of Training Officers, can be subjected to termination without affording reasonable opportunity of hearing as contemplated under Article 311(2) of the Constitution of India ?

16. Article 311(2) of the Constitution of India provides as under :­ "311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State -

(1) XXX XXX XXX (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:

36
Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed :
Provided further that this clause shall not apply ­
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry. "

17. Article 311 basically aims at providing security of tenure to Government servants and guarantees constitutional protection to persons employed in civil capacities under Union and States against arbitrary dismissal, removal and reduction in rank. The protection is two fold ­

(a) against removal or dismissal by an authority subordinate to that by which employee was appointed, and

(b) against dismissal, removal and reduction in rank without giving the employee a reasonable 37 opportunity of being heard in an enquiry without complying with the principles of natural justice.

18. The enquiry contemplated by Article 311(2) of the Constitution of India is what is generally known as a departmental enquiry and the constitutional requirement for a proper enquiry within the meaning of Article 311(2) are basically two fold­

(i) The civil servant must be informed of the charges against him, and

(ii) He must be offered a reasonable opportunity of being heard in respect of those charges.

19. The scope of the words "dismissed" and "removed"

employed under Article 311 of the Constitution of India came up for consideration before the Constitution Bench in the matter of Moti Ram Dheka (supra)in which Subba Rao, J., in his concurring yet separate opinion, has expressed that the said words mean nothing more or less than the termination of the services of a person's office. The effect of dismissal or removal of one from his office is to discharge him from that office i.e. to bring about cessessation of service. Thus, the said words comprehend every termination of service of a 38 Government servant. Article 311(2) in an effect therefore lays down that before the services of a Government servant are so terminated, he must be given a reasonable opportunity of showing cause against such a termination. Their Lordships further held that there is no decision for placing any limitation on the said expression.

The attempt to imply the said limitation is neither warranted by the expressions used in the Article or by the reason given. If such limitations are imported, then it would lead to an extraordinary result that a Government servant, which has been guilty of misconduct would be entitled to a reasonable opportunity, whereas an honest Government servant could be dismissed without any such protection. A Government servant holding a substantive lien to a permanent post cannot be removed from the said post without affording a reasonable opportunity, as is contemplated under Article 311(2) of the Constitution of India. It is therefore evident that the right held by a Government employee to hold a post cannot be interfered lightly in case any such proceeding is required to be undertaken, necessary care and caution has to be ensured by 39 the Government, which in order to safeguard the interest of a Government employee, as is contemplated under Article 311(2) of the Constitution of India. It has been observed as under in paragraphs 67 and 68 :­ "67. Therefore, whether the natural and dictionary meaning of the words "dismissal" and "removal" were adopted or the limited meanings given to those words by R. 49 were accepted, the result, so far as a permanent employee was concerned would be the same, namely, that in the case of termination of services of a Government servant outside the three categories mentioned in the explanation, it would be dismissal or removal within the meaning of Art. 311 of the Constitution with the difference that in the former the dismissed servant would not be disqualified from future employment and in the latter ordinarily he would be disqualified from such employment.

68. If so, it follows that if the services of a permanent servant, which fall outside the three categories mentioned in the explanation, were terminated, he would be entitled to protection under Art. 311 (2) of the Constitution."

20. Reverting to the facts of the present case in light of the aforesaid principle of law laid down by their Lordships of the Supreme Court in the matter of Motiram Dheka (supra), it is quite vivid that though the petitioners have been confirmed on the post of Training Officers after successful completion of probation period and without any alleged misconduct on their part, 40 their appointment is sought to be declared voidable by the respondents/State, yet no reasonable opportunity of hearing as contemplated under Article 311(2) of the Constitution of India has been provided to them except for serving show cause notice (Annexure P/1), which is absolutely illegal and bad in law. Once the petitioners have been appointed on the substantive post and their services have been confirmed, if their appointment has to be set aside by the respondents/State on any account whatsoever, the procedure envisaged under Article 311(2) of the Constitution of India is required to be followed and the petitioners ought to have been given reasonable opportunity of being heard instead of simply stating that since their appointment is in violation of the Rules of 1998 read with Section 14 of the Act of 1994, their appointment is voidable, but no such course has been adopted and simply a show cause notice dated 06/10/2021 (Annexure P/1) has been served to the petitioners. The petitioners, being confirmed Government servants on the post of Training Officers, are entitled for constitutional protection guaranteed under Article 311(2) of the 41 Constitution of India and their services cannot be terminated without holding departmental enquiry as envisaged therein. As such, this Court is of the considered opinion that the impugned show cause notice dated 06/10/2021 (Annexure P/1) is in violation of petitioners' constitutional right under Article 311(2) of the Constitution of India and it is hereby set aside. However, this will not bar respondent No. 2 to proceed afresh in accordance with law.

21. Accordingly, this batch of writ petitions is allowed to the extent indicated herein­above. No cost(s).

Sd/­ (Sanjay K. Agrawal) Judge Harneet 42 HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6033 of 2021 Petitioners Ashish Kumar Chandrakar & Ors.

Versus Respondents State of Chhattisgarh & Ors.

(English) A confirmed Government servant is entitled for protection under Article 311(2) of the Constitution of India.

(Hindi) एक सथचयत शचसककय सकवक भचरततय ससशवधचन कक अनपचछकद 311(2) कक असतगरत पदत सपरकच पचप करनक कच हक़दचर हह |