Orissa High Court
Unknown vs W.P.C. No.2399 on 9 January, 2020
Author: B.R. Sarangi
Bench: B.R. Sarangi
W.P.C. NO.23990
1 of 2015
11 09.01.2020 Heard Mr. B. Nayak, learned counsel for the
petitioner and Mr. B. Senapati, learned Additional
Government Advocate.
The petitioner has filed this writ petition to quash
the order dated 22.09.2015 passed by opposite party
no.3-District Welfare Officer, Malkangiri in Annexure-7
by which the petitioner has been disengaged from the
post of Sikshya Sahayak on the ground of his
unauthorized absence, misconduct and involvement in a
criminal case.
Mr. B. Nayak, learned counsel for the petitioner
argued in vehemence indicating that the order of
disengagement has been passed without following due
procedure of law. More so, the petitioner having
acquitted of the criminal case, he should be allowed to
continue in his post. So far as other allegations made
against the petitioner with regard to misbehaving to the
Sevika of the Ashram School and writing of an
objectionable letter to a girl boarder by intimidating the
girl boarder are not correct. Therefore, the order dated
22.09.2015 passed by opposite party no.3-District
Welfare Officer, Malkangiri in Annexure-7 disengaging
the petitioner from the post of Sikshya Sahayak is
without application of mind and the same has to be
quashed.
Mr. B. Senapati, learned Additional Government
Advocate, though has not filed counter affidavit, but on
2
the basis of the materials available on record, stated
that the petitioner was engaged as Sikshya Sahayak on
contractual basis in Bhubanpally Ashram School of Podia
Block, in the district of Malkangiri on consolidated
remuneration of Rs.3500/- as per norms of Government
in ST & SC Development Department pursuant to
Annexure-1 dated 30.03.2012 with a condition that his
agreement should be renewed every year according to
his performance. The enquiry report of District Welfare
Officer, Malkangiri indicated that the petitioner was
found misbehaving one Smt. Bharati Roy, Sevika,
Bhubanpally Ashram School and also found writing an
objectionable letter to a girl boarder by intimidating the
girl boarder and also found in the charge of
disobedience to the higher authority by which he was
implicated in G.R. Case No.26 of 2015 under Section
341/506/34 I.P.C. and was in custody from 05.02.2015
to 11.02.2015. Thereby, he was called upon to show-
cause, pursuant to which he replied the same. Thus
there is compliance of principle of natural justice and
therefore, the order dated 22.09.2015 passed by
opposite party no.3-District Welfare Officer, Malkangiri
in Annexure-7 disengaging the petitioner need not be
interfered with.
Considering the contentions raised by learned
counsel for the parties and after going through the
records, it appears that the the petitioner was engaged
as Sikshya Sahayak on contractual basis in Bhubanpally
3
Ashram School of Podia Block, in the district of
Malkangiri on consolidated remuneration of Rs.3500/-
as per norms of Government in ST & SC Development
Department pursuant to Annexure-1 dated 30.03.2012
with a condition that his agreement should be renewed
every year according to his performance. But due to his
misconduct, an enquiry was made. The enquiry report of
District Welfare Officer, Malkangiri reflected that the
petitioner was found misbehaving one Smt. Bharati Roy,
Sevika, Bhubanpally Ashram School and also found
writing an objectionable letter to a girl boarder by
intimidating the girl boarder and also found in the
charge of disobedience to the higher authority by which
he was implicated in G.R. Case No.26 of 2015 under
Section 341/506/34 I.P.C. and was in custody from
05.02.2015 to 11.02.2015. Therefore, as per the terms
and conditions stipulated in the contract, the petitioner
was issued with show-cause for his unauthorized
absence, misconduct and involvement in a criminal
case, for which he was in custody from 05.02.2015 to
11.02.2015 vide Annexure-5. In response to same, the
petitioner gave his reply vide Annexure-6. Taking into
consideration of his reply, opposite party no.3-District
Welfare Officer, Malkangiri vide office order dated
22.09.2015 disengaged the petitioner from the post of
Sikshya Sahayak for violation of rules and regulations
and to maintain a healthy study atmosphere.
In that view of the matter, opposite party no.3-
4
District Welfare Officer, Malkangiri has rightly passed
the office order dated 22.09.2015 disengaging the
petitioner from the post of Sikshya Sahayak vide
Annexure-7. Therefore, this Court is not inclined to
interfere with the order impugned. Accordingly, the writ
petition merits no consideration and the same is hereby
dismissed.
...................................
Dr. B.R. Sarangi, J.
Alok