ORDER : 1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs: “(i) That this Hon'ble Court may kindly be pleased to quash the impugned order Dated 03.10.2015 (Annexure P/1) issued by the respondent Chief Executive Officer Zila Panchayat Korba. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondents for her reinstatement on the post of Lecturer (Panchayat) with all consequential benefits, including full wages for the period she is made to remain out of employment. (iii) That, this Hon'ble Court may kindly be pleased to direct the respondents for grant of interest as deemed fit by this Hon'ble Court over the arrears of full wages as specified above.” 2. Brief facts of the case as projected by the petitioner are that the petitioner was earlier posted as Lecturer Panchayat at Government High School (PWD) Rampur, Korba. He submitted an application on 24.10.2013 before the Chief Executive Officer, Zila Panchayat Korba thereby, request for maternity leave from 25.10.2013. The Accounts Officer, Zila Panchayat Korba vide order Dated 23.01.2014, thereby considered the maternity leave of the petitioner from 25.10.2013 to 22.04.2014 total 180 days. The petitioner submitted an application before the Principal, Government High Middle School (PWD) Rampur vide Dated 01.07.2014 for medical leave. Vide letter Dated 07.04.2015 issued by the Block Education Officer Korba, and sent to the Principal Government High Middle School (PWD) Rampur thereby specifically mention that the petitioner was on maternity leave from 25.10.2013 to 22.04.2014 and 01.07.2014 to 10.03.2015 for medical leave. After medical & maternity leave the petitioner has joined the duties on 11.03.2015. 3. The Chief Executive Officer Zila Panchayat vide its order Dated 10.04.2015 thereby directed to petitioner to submit their written statement on 13.04.2015, as to why the petitioner is absent from 01.07.2014. In response to the order dated 10.04.2015 issued by the Chief Executive Officer Zila Panchayat, the petitioner submitted her clarification on 13.04.2015 before the Chief Executive Officer, Zila Panchayat Korba and mention that on 01.07.2014 to 10.03.2015 she was on medical leave. It is stated that the petitioner has got salary from the period of 16.06.2014 to 30.06.2014. 4. The petitioner submitted the medical certificate from her maternal place i.e. Dharamajaigarh. But it was admitted that the petitioner should submit the medical illness certificate of the Korba itself. It is stated that the petitioner has got salary from the period of 16.06.2014 to 30.06.2014. 4. The petitioner submitted the medical certificate from her maternal place i.e. Dharamajaigarh. But it was admitted that the petitioner should submit the medical illness certificate of the Korba itself. Thus, the petitioner submitted a medical certificate (Form-03 & 04) on 17.04.2015 before the Chief Executive Officer Zila Panchayat Korba. The Chief Executive Officer, Zila Panchayat, Korba has again issued a show cause notice vide Dated 27.05.2015 and thereby directed to the petitioner to submit her clarification/reply. The petitioner submitted her reply/clarification before the Chief Executive Officer, Zila Panchayat, Korba in respect of order dated 27.05.2015 issued by the Chief Executive Officer, Zila Panchayat, Korba. 5. The Chief Executive Officer Zila Panchayat Korba vide order dated 15.05.2015 thereby held General Administration Committee meeting on 02.05.2015 as per proceeding thereby specially mention at point 7 the similar situated person i.e. Vijay Laxmi Tiger, Saroj Tirkey & Dhirendra Kumar Sarthi to give notice for they are absent for long time, but their candidature has been considered. The impugned order Dated 03.10.2015 issued by the Chief Executive Officer, Zila Panchayat Korba. As per Rule 31 of C.G. Civil Services (Leave) Rule 2010 and C.G. Panchayat (Discipline & Appeal) Rule 1999, thereby terminated the services of the petitioner for the reason that she is absent for long time. 6. The services of the appellant has been removed as per the Chhattisgarh Panchayat Service (Discipline & Appeal) Rules, 1999, purportedly under Rule 5 (b) Major Penalties. The relevant portion is quoted below for ready reference. But the authority have failed to comply the provision of Rule 7 Procedure for imposing major penalties: (1) No order, imposing on a member of the Panchayat Service, any of the penalties specified in clause (iv) to (via) of Rule 5 shall be passed except after a formal enquiry is held as far as may be, in the manner hereinafter provided. (2) When an order for formal inquiry has been made, the disciplinary authority shall frame Definite charges on the basis of allegations and shall communicate such charges, alongwith the statement of the allegations to the member of the Panchayat Services and also require him to submit within such time as may be specified a written statement of defence and also to state whether he desires to be heard in person. (3) The person against home inquiry is to be held shall for the purpose of preparing the defence be permitted to inspect and take extracts from such records as he may specify. Provided that such permission may be refused if for reasons to be recorded in writing in the opinion of the inquiry officer such records are not relevant for the purpose or it is against the public interest to allow his excess thereto. (4) On receipt of the written statement of defence of if any such statement is not received within the time specified the disciplinary authority may him self inquiry in to such of the charges age are not admitted or appoint an inquiry officer to hold the inquiry and forward to him his report and if advised his recommendation along with all the inquiry paper. 7. Learned counsel for the petitioner submits that the impugned order is against the rules and regulations of Chhattisgarh Civil Services (Leave) Rules and Chhattisgarh Panchayat Services (Discipline & Appeal) Rules. The respondent authorities without initiating any department enquiry terminated the services of petitioner. The conduct of respondents is against Rule 7 of Chhattisgarh Panchayat Services (Discipline & Appeal) Rules, 1999, therefore, the impugned order is liable to be set-aside. Learned counsel for the petitioner further submits that this case is squarely covered by the order passed by this Court in W.P. (S) No. 2600/2016 (Vinod Yadav vs. State of Chhattisgarh and Others), decided on 19.01.2022. 8. Learned counsel for the respondents strongly opposed the prayer of the petitioner and submits that this petition is not maintainable, as the petitioner has an alternative statutory remedy of appeal against the impugned order. It is submitted that the petitioner has been afforded the fullest opportunity of hearing in as much as proper show cause notice was issued to her and after appreciating the reply, the impugned action has been taken against her. The petitioner was found to be an habitual absentee and repeatedly neglected performance of job assigned to her, therefore, this petition is without any merit and liable to be dismissed. 9. I have heard the contentions put forth by learned counsel for the parties and perused the materials available on the record. 10. This Court deciding the matter of Vinod Yadav (supra) observed in Para No. 8 to 10 as under: “8. 9. I have heard the contentions put forth by learned counsel for the parties and perused the materials available on the record. 10. This Court deciding the matter of Vinod Yadav (supra) observed in Para No. 8 to 10 as under: “8. As per the aforesaid provision, dismissal from service of the petitioner is major penalty. Procedure for imposing major penalties has been prescribed in Rule 7 of the Rules of 1999. Sub-Rule (1) of Rule 7 of the Rules of 1999 states as under: “7. Procedure for imposing major penalties: (1) No order, imposing on a member of the Panchayat Service, any of the penalties specified in clause (iv) to (via) of rule 5 shall be passed except after a formal inquiry is held as far as may be, in the manner hereinafter provided.” 9. It is admitted position on record that though the petitioner has been subjected to imposition of major penalty i.e. dismissal from service under Rule 5(b)(vii) of the Rules of 1999, but admittedly no formal enquiry has been conducted against him in the manner prescribed under Rule 7(1) of the Rules of 1999. Consequently, the order of termination is without jurisdiction and without authority of law and is liable to be set aside. 10. For the foregoing reasons, the impugned order dated 07/12.04.2016 (Annexure P-1) is hereby set aside. However, the disciplinary authority is at liberty to proceed in accordance with law. Since the petitioner is already in service, no consequential order is required to be passed.” 11. In the present writ petition, it is clear that the petitioner was working as Lecturer Panchayat, at Government High School (PWD) Rampur, Korba. It is admitted position on record that though the petitioner has been subjected to imposition of major penalty i.e. dismissal from service, but admittedly no formal enquiry has been conducted against her in the manner prescribed under Rule 7(1) of the Rules of 1999. Consequently, the order of termination is without jurisdiction and without any authority of law and therefore, the same is liable to be set-aside. 12. Looking to the aforesaid facts and circumstances of the case and the order passed by this Court in the case of Vinod Yadav (supra), this petition is allowed and the impugned order dated 03.10.2015 (Annexure P/1) is hereby set-aside. 12. Looking to the aforesaid facts and circumstances of the case and the order passed by this Court in the case of Vinod Yadav (supra), this petition is allowed and the impugned order dated 03.10.2015 (Annexure P/1) is hereby set-aside. The respondent authorities are directed to reinstate the petitioner on the post of Lecturer (Panchayat) with all consequential benefits. However, the disciplinary authority is at liberty to proceed in accordance with law. 13. With the aforesaid observations and directions, the present writ petition stands disposed of.