Orissa High Court
Pratima Bhuyan vs State Of Orissa & Others ... Opposite ... on 13 February, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC No.2611 of 2018
Pratima Bhuyan ... Petitioner
Mr. G.K. Nayak, Advocate
-versus-
State of Orissa & others ... Opposite Parties
Mr. S.N. Patanaik, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
Order 13.02.2024
No.
05. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. Assailing the order at Annexure-2 of the Collector (District Welfare Officer) directing disengagement of the Petitioner as Lady Matron of Jokabandha Seva School and the consequential relieve order at Annexure-3, the present writ petition has been filed.
3. The Petitioner applied for the post of Lady Matron of Jokabandha Seva School and on being selected joined as such in terms of the office order dated 23.06.2015. The name of the Petitioner appears at serial no.15 of the said order.
4. While continuing as such the service of the Petitioner was not renewed in terms of the order passed by the Collector, Ganjam dated 25.1.2018, vide Annexure-2. And the said order reads as under:
Page 1 of 4// 2 // "xxx xxx xxx Letter No.219/SSD Dated : 25.01.2018 OFFICE ORDER The engagement of Smt. Pratima Bhuyan, Lady Matron of Jokabandha Ashram School of Polasara block is not renewed w.e.f. 16.01.2018 by the Competent Authority due to her unsatisfactory performance.
By order of the Collector, Ganjam Sd/-
District Welfare Officer,
Ganjam, Chatrapur
xxx xxx xxx"
5. In pursuance thereof the Head Master, Govt. Ashram School, Jokabandha, Opposite Party No.4, has relieved the Petitioner by order dated 29.01.2018. Assailing the office order at Annexure-2 extracted hereinabove and the relieve order, the present writ petition has been filed.
6. It is submitted by the learned counsel for the Petitioner that the Petitioner was engaged as Lady Matron in terms of the office order dated 23.06.2015 and after serving for about 3 years, she has been disengaged on extraneous consideration.
7. It is further submitted that in the very order disengaging the Petitioner it has been stated that such disengagement is on account of her "unsatisfactory performance" and as such the same casts a stigma and the Petitioner is entitled to be given an opportunity of hearing.
8. Resisting the claim of the Petitioner, a counter affidavit has been filed at the behest of the State. It is submitted by the learned counsel for the State, Mr. Patanaik, that the Petitioner Page 2 of 4 // 3 // has been relieved in terms of the order of disengagement and the performance report of the Petitioner.
9. It is stated that the Petitioner's performance has been found to be unsatisfactory and it is clearly borne out on a bare perusal of the report which is on record. Hence, in the facts of the case at hand no prejudice has been caused to the Petitioner.
10. The Petitioner has filed a rejoinder controverting the allegations made. In the rejoinder the Petitioner has annexed communication issued by the Sarpanch of the Grama Panchayat stating that during her visit she found the Petitioner to be a dedicated Matron and she has requested for reinstatement of the Petitioner.
10-A. The representation to the Collector by the villagers seeking reinstatement of the Petitioner is also on record vide Annexure-2/A to the rejoinder affidavit.
11. On a conspectus of the materials on record, this Court is of the considered view that notwithstanding the terms of the letter of disengagement, the Petitioner has to be given an opportunity of hearing to defend herself in the face of the observation in the order that her disengagement is on account of "unsatisfactory performance".
12. On going through the counter affidavit and the noting which has been annexed thereto it is nowhere borne out that any opportunity was given to the Petitioner to defend herself.
13. Hence, in the face of clear violation of principle of natural justice, impugned orders at Annexures-2 and 3 are set aside.
Page 3 of 4// 4 //
14. It is directed that the Opposite Party No.2 shall conduct an enquiry independently without being prejudiced by the materials on record affording an opportunity to the Petitioner to answer insinuation(s) against her.
15. Taking into account that the Petitioner is a lady and has been disengaged for the last three years, Opposite Party No.2 shall do well to conduct the inquiry as aforesaid and pass the order within a period of four months from the date of receipt/production of a copy of the order.
16. In the event the Opposite Party No.2 after enquiry arrives at a finding that the Petitioner was wrongly disengaged, Opposite Party No.2 shall direct for her re-engagement as Lady Matron within a period of one month from the date of passing of such order.
17. Considering that the engagement of the Petitioner was on contractual basis, the Petitioner shall not claim any equity for the period of her disengagement in terms of Annexure-2, till her re-engagement.
18. The writ petition is accordingly disposed of.
19. Issue urgent certified copy of this order as per rules.
(V. NARASINGH) Judge PKS Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 13-Feb-2024 18:19:53 Page 4 of 4