Orissa High Court
Pravasini Sahoo vs Collector on 17 January, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)(OA) No.430 of 2017
Pravasini Sahoo .... Petitioner
Mr. S.S. Das, Advocate
-versus-
Collector, Mayurbhanj & Ors. .... Opposite Parties
Mr. S.K. Samal, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
17.01.2024 Order No
14. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Instruction provided by the District Welfare Officer, Mayurbhanj be kept in record.
3. Heard Mr. S.S. Das, learned counsel for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. advocate appearing for the Opp. Parties.
4. The Petitioner has filed the present writ petition inter alia with the following prayer:-
"I) Let the order dtd.07.04.2016 be quashed for ends of justice and the applicant may be allowed to continue in her contractual job as ANM at Khunta Block.
II) Let any other order or orders may be passed as the Hon'ble Tribunal deems fit and proper."
// 2 //
5. It is the case of the Petitioner that Petitioner on being found suitable in terms of the agreement executed under Annxure-1 was issued with the order of appointment as MPHW (F) vide order dtd.28.09.2012. It is contended that while continuing so continuing as MPHW (F) in terms of the order of appointment issued on 28.09.2012 when Petitioner was terminated from her services vide order dtd.07.04.2016 of Opp. Party No. 1, the present writ petition was filed.
5.1. It is contended that Petitioner was so terminated on the ground that after her joining as against the post of MPHW (F) on 03.10.2012, Petitioner prosecuted her GNM course and appeared the 1st, 2nd & 3rd year examination during April, 2013, December, 2013 and December, 2014 along with practical examination held on 01.05.2013, 05.01.2014, 06.01.2014 and 07.12.2014.
5.2. Learned counsel for the Petitioner contended that prior to her selection and appointment as MPHW (F) vide order dtd.28.09.2012 she was already prosecuting her GNM course w.e.f.17.10.2011. Basing on the allegations made against the Petitioner, when an enquiry was held, Petitioner duly appeared before the Enquiry Officer on 22.07.2015 and clearly indicated that though she was prosecuting GNM course w.e.f.27.11.2011, but she was not attending the regular class and she only appeared the 1st, 2nd and 3rd year examinations on the date fixed by taking leave. While taking such a stand in her application dtd.22.07.2015 so available under Annexure-E to the counter, Petitioner also produced the absent statement for the period from 01.12.2013 to 31.12.2013, as well as 01.12.2014 to 31.12.2014, in support of her stand that on the date of the examination Petitioner remained on leave and appeared the Page 2 of 7 // 3 // examination on the date so fixed. It is also contended that even though Petitioner was issued with a notice by the Opp. Party No. 3 on 08.03.2016 directing her to appear before the Opp. Party No. 1 on 17.03.2016, but no hearing could took place on 17.03.2016. Subsequently, Petitioner appeared before the Collector on 07.04.2016 and Opp. Party No. 1 passed the impugned order of termination on the very same date without following the principle of natural justice.
5.3. Learned counsel for the Petitioner further contended that even though Opp. Party No. 1 basing on the enquiry report so submitted by the Assistant District Welfare Officer issued the impugned order of termination on 07.04.2016, but while issuing the notice on 08.03.2016, copy of the enquiry report was not enclosed to the show-cause and Petitioner accordingly could not get an opportunity to disprove the report by providing relevant documents. It is also contended that after issuance of the first notice on 08.03.2016, no further notice was ever issued fixing 07.04.2016 as the date of hearing of the case before the Opp. Party No. 1. Making all such submissions, learned counsel for the Petitioner contended that the ground on which Petitioner has been terminated from his services is not sustainable in the eye of law and it requires interference of this Court.
6. Learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit so filed by Opp. Party Nos. 1 to 3. It is contended that after being appointed as against the post of MPHW (F) vide order dtd.28.09.2012 under Annexure-A to the counter, when allegation was received that while continuing as against the said post, Page 3 of 7 // 4 // Petitioner is also prosecuting GNM course, an enquiry was conducted by the ADWO. Petitioner before the said Enquiry Officer also admitted on 22.07.2015 vide Annexure-E to the counter that save and except appearing on the date of examination, Petitioner had never attended the GNM class.
6.1. Learned AGA also contended that even though in her absent statement for the month of December, 2013 and December, 2014, Petitioner indicated that she took leave to appear the examination on the date fixed on 21.12.2013, 24.12.2013 and 27.12.2013 and practical examination on 05.01.2024 and 06.01.2024 and 3rd year examination on 19.12.2014, 22.12.2014 & 23.12.2014, but in the absent statement the name was shown as date of working. It is accordingly contended that by providing wrong absent statement, Petitioner appeared the examination and taking into account such conduct of the Petitioner, the Enquiry Officer in his report dtd.10.12.2015 under Annexure-E, held the Petitioner guilty of the allegation and basing on such enquiry report, Collector-Opp. Party No. 1 after giving personal hearing to the Petitioner rightly passed the order of termination. It is accordingly contended that the order of termination requires no interference of this Court
7. To the submission made by the learned Addl. Govt. Advocate, learned counsel for the Petitioner contended that in the absent statement so submitted by the Petitioner for the month of December, 2013 and December, 2014 vide Annexure-E, she clearly indicated regarding taking leave on the dates to which the examination was so fixed. But by making overwriting the said dates were indicated as office work. The entry made with such overwriting in respect of the relevant dates is not made by the Page 4 of 7 // 5 // Petitioner and it has been manipulated as the record was submitted before the Opp. Party No. 2. It is accordingly contended that since Petitioner by taking leave appeared the examination and she has never attended the classes to prosecute GNM, without any proof of the same by issuing notice to the school of Nursing, where Petitioner prosecuted the GNM course, the allegation that Petitioner prosecuted the GNM course on regular basis is not acceptable. Not only that basing on the enquiry report, copy of which was never provided to the Petitioner, order of termination could not have been passed and it violates principle of natural justice. It is also contended that while issuing the notice on 08.03.2016, causing appearance of the Petitioner to 17.03.2016, copy of the enquiry report was not enclosed and Petitioner did not get any opportunity to disprove the report in any manner. It is accordingly contended that the manner in which Opp. Party No. 1 took up the matter and terminated the Petitioner with passing of the impugned order is not sustainable in the eye of law and requires interference of this Court.
8. Having heard learned counsel appearing for the Parties and after going through the materials available on record, this Court finds that Petitioner on being duly selected was appointed as against the post of MPHW (F) vide order of appointment issued on 28.09.2012 under Annexure-A to the counter. Thereafter, basing on an allegation when enquiry was conducted, Petitioner vide Annexure- E to the counter clearly indicated that save and except appearing the examination on the date fixed, she has never attended the class to prosecute her GNM course. No record has also been produced by the State Counsel showing that the College in question, where the Petitioner prosecuted her GNM course was ever noticed to disprove Page 5 of 7 // 6 // the stand of the Petitioner that she has never attended the GNM class on regular basis while performing the duty of MPHW (F), pursuant to the order of appointment issued under Annexure-1.
8.1. It is also found from the record that in the absentee statement submitted by the Petitioner for the month of December, 2013 and December, 2014, Petitioner clearly indicated that she was on leave on the date of examination so fixed. But it is found from Annexure- E, all those relevant dates in the absentee statement for the month of December, 2013 have been overwritten and the same does not match with the handwriting of the Petitioner. It is also found that along with the notice issued by the Opp. Party No. 1 on 08.03.2016, copy of the enquiry report which was relied by Opp. Party No. 1 to pass the impugned order on 07.04.2016 was never provided to the Petitioner. It is also found that after 17.03.2016, no further date was fixed with issuance of any notice. Pursuant to the order passed by this Court on 11.12.2023, learned AGA also failed to produce any notice showing fixation of the date to 07.04.2016 before Opp. Party No. 1.
8.2. In view of such material irregularity which is apparent on the face of the record, this Court is inclined to quash the order of termination so passed against the Petitioner vide order dtd.07.04.2016 under Annexure-5. While quashing the same, this Court directs Opp. Party No. 1 to reinstate the Petitioner in her service. The break period of the service be regularized as due and admissible on such reinstatement of the Petitioner. Opp. Party No. 2 is directed to issue an order of reinstatement within a period of two (2) weeks from the date of receipt of this order. Petitioner is Page 6 of 7 // 7 // directed to produce a copy of this order before Opp. Party No. 1 for compliance.
9. The writ petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Jan-2024 11:53:35 Page 7 of 7