JUDGEMENT
GOUTAM BHADURI,J. -
(1.)Heard
(2.)Learned counsel for the petitioners submits that the petitioners were terminated by order dated 21.07.2008 and 25.08.2008 (Annexure P/2) on the allegation that a criminal case was registered against them that they had obtained the job on the post of Shiksha Karmi Grade III on the basis of forged documents i.e. NCC, Sports Certificate and Experience Certificate. She submits that as per the Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules 1997, the disciplinary control vests with Zila Panchayat or Janpad Panchayat but in this case the order of termination was passed by the Collector therefore would be a nullity. She further submits that in the same order of termination, the prosecution was ordered for. It is further stated that after the criminal case was registered and tried and after trial the petitioners were eventually discharged by an order dated 28.02.2020 by Chief Judicial Magistrate. Under these circumstances, the petitioners at this moment pray that the petitioners' representations Annexure P/5 (colly) may be decided which was subsequently made to the Chief Executive Officer Janpad Panchayat Navagarh i.e. Respondent No. 3.
(3.)Learned State counsel submits that the order dated 21.07.2008 and 25.08.2008 (Annexure P/2) have never been challenged and it has attained the finality. He further submits that as per para 28 of the criminal case bearing No.36/2012 in which the petitioners were discharged, the discharge was not decided on merit but were given benefit of doubt.
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