Orissa High Court
Bhikari Charan Malick vs State Of Odisha And Others .... Opposite ... on 24 July, 2023
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 21879 of 2017
Bhikari Charan Malick .... Petitioner
Mr. S.B. Mohanty, Advocate
-Versus -
State of Odisha and others .... Opposite Parties
Mr.S. Pattanaik,
Additional Government Advocate
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_ 24.07.2023 Order No. 1. This matter is taken up through hybrid mode.
5. 2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner was working as Headmaster of Haldia Patna Primary School in the district of Balasore. It is stated that a sum of Rs.20,05,000/- was sanctioned in favour of the aforementioned school for construction of various civil works. The entire amount was withdrawn by the petitioner from the school account but the work could not be completed. As such, alleging negligence in duty and misappropriation of government money to the tune of Rs.4,61,046/-, the District Project Co- ordinator, RTE-SSA, Balasore by order dated 27.05.2017 (Annexure -9) directed the petitioner to deposit the entire amount on the threat of drastic action. The petitioner submitted a representation on 20.09.2017. However, as no action was taken thereon, he has approached this Court with the following prayer:-
"It is therefore prayed that this Hon'ble Court graciously be pleased, Page 1 of 2
i) To admit the writ petition.
ii) To quash the order of recovery by the DPC (SSA) Balasore dated 27.05.2017 & 14.09.2017 under Annexure - 9 of the writ petition.
iii) To direct the opposite parties to issue no objection certificate in favour of the petitioner so as to protect his service from all encumbrances.
And pass any other order/orders as this Hon'ble Court deems fit and proper to grant complete relief to the petitioner.
And for this act of kindness, the petitioner shall every pray."
4. During pendency of the writ petition a no due certificate was issued by the District Project Co-oridinator, SSA, Balasore on 06.01.2023 specifically certifying therein that there are no dues pending towards SIG/TLM/R& MG/Civil Works etc. Copy of said letter is enclosed as Annexure -11 to the additional affidavit filed by the petitioner.
5. Considering the developments as above, particularly since no dues certificate has been issued by the competent authority, nothing further remains to be decided in the present writ petition, which is therefore disposed of by directing the opposite party No.4 to take note of the no due certificate dated 06.01.2023 and to recall the order dated 25.07.2017 (Annexure -9), if the same is found to be correct. The gratuity and other pensionary benefits be also released in favour of the petitioner within two months, if the no due certificate is found to be correct.
6. The writ petition is accordingly disposed of.
(Sashikanta Mishra) Judge B.C. Tudu Signature Not Verified Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 25-Jul-2023 19:39:53 Page 2 of 2