Indian Kanoon - Search engine for Indian Law

Orissa High Court

Sarat Kumar Behera vs State Of Odisha And Others .... Opposite ... on 11 September, 2024

Author: B. P. Routray

Bench: B. P. Routray

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      W.P.(C) No.15388 of 2023

                                 Sarat Kumar Behera                        ....          Petitioner
                                                                    Mr. H. Mohapatra, Advocate
                                                            -versus-
                                 State of Odisha and others                .... Opposite Parties
                                                                           Mr. S. Ghose, A.G.A.
                                                        Mr. S. Satapathy, Advocate for O.P. No.5


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY


                                                          ORDER

11.09.2024 Order No.

12. 1. Heard Mr. H. Mohapatra, learned counsel for the Petitioner, Mr. S. Ghose, learned Additional Government Advocate for the State-Opposite Parties 1 to 4 and Mr. S. Satapathy, learned counsel for Opposite Party No.5.

2. The Petitioner, who was engaged as the Attendant in Deaf and Dumb School, namely, Patitapaban Seva Sangha, Nimpara has challenged his disengagement dated 18.04.2023 under Annexure- 16 on the ground of want of approval from the Collector in terms of the guidelines.

3. The State has filed the counter admitting the fact that, approval of the Collector before disengagement of the Petitioner has not been obtained. Paragraph 10 & 11 of the counter, which are relevant for the purpose are re-produced below:-

Location: High Court of Orissa, Cuttack Date: 12-Sep-2024 10:53:11 "10. That it is most humbly submitted that decision regarding disengagement of the staff of a Special School is to be taken by Collector of the District either on recommendation of the management or on receipt any adverse report during field visit by the authorities concerned. The Collector is to issue show cause notice and provide reasonable opportunity of being heard to the delinquent before passing appropriate order and communicate the same to the management for disengagement. The Government in Social Security and Empowerment of Persons with Disabilities Department, (SSEPD) has entrusted the Collector with the aforesaid responsibility vide Resolution No.532/WCD, dated 08.01.2013 which was issued after bifurcation of the SSEPD Department from W & C.D. Department and the same finds place at Rule 14(6) of the said order.

True copy of Resolution dated 08.01.2013 is annexed herewith and marked as ANNEXURE-H/4.

11. That it is a fact that the disengagement order of the Petitioner has been issued by Opp. Party No.5 without obtaining approval of the Collector, Puri as required under Rule 14(6) of Government Order No.532, dated 08.01.2013. Before receipt of letter No.80, dated 29.04.2022 from Opp. Party No.5, inter alia, containing the decision of the management vide Resolution dated 28.04.2022 for consideration by the Collector, Puri regarding disengagement of the Petitioner, Opp. Party No.5 had already disengaged the Petitioner pending approval of the Collector, Puri. Till date no approval has been accorded by the Collector, Puri on letter dated 29.04.2022 containing, inter alia, the decision of the management to disengage the Petitioner. It is also a fact that Opp. Party No.5 did not allow the Petitioner to work in the school and due to non-receipt of absentee statements from Opp. Party No.5, the Petitioner has been paid up to 29.04.2022 under Government GIA fold by the DSSO, Puri.

Copy of letter dated 29.04.2022 is annexed herewith and marked as ANNEXURE-J/4."

4. Opposite Party No.5 has filed counter without disputing the fact that approval of the Collector is absent and according to them, the same is still pending with the collector.

5. Thus, in view of the prescribed procedure as per Resolution dated 08.01.2013 (Annexure-H/4), the matter is remitted to the Signature Not Verified Page 2 of 3 Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2024 10:53:11 Collector to take a decision on the disengagement of the Petitioner from service within a period of two months. It is needless to say that, the order of disengagement under Annexure- 16 is quashed.

6. The writ petition is disposed of.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik Signature Not Verified Page 3 of 3 Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2024 10:53:11