Madhab Chandra Sahu vs State Of Odisha & Ors

C.R. Dash, J

1.This matter is taken up by virtual mode.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

On the basis of allegation that, the petitioner being the Sarapanch of Rankadeuli Grama Panchayat in the district of Nayagarh had not convened

three consecutive meetings of the Grama Panchayat an inquiry was conducted. On the basis of the Inquiry Report, which is a part of the counter

affidavit filed by the State, the Collector has come to pass the order under Section 26(2) of the Orissa Grama Panchayat Act, terminating the Service

of the petitioner as Sarapanch.

It is alleged by learned counsel for the petitioner that, no opportunity was given to the petitioner for hearing. The Inquiry Report of which he is now

in possession was not confronted to him and the final order was passed in complete violation of the principle of natural justice.

After filing of the counter affidavit by the State, the petitioner is stated to have relied on a document for the first time in the rejoinder affidavit

evidencing convening of Panchayat meeting. In the additional counter affidavit, existence of such documents has been denied.

From the record of the case, however, it is found that neither the Inquiry Report was confronted to the petitioner nor a copy thereof was supplied to

the petitioner and he was not given chance to rebut the Inquiry Report.

Regard being had to all such facts borne on record, the writ petition is allowed, setting aside the impugned order passed by the Collector, Nayagarh.

The Inquiry be held afresh. No Inquiry Report should be supplied to the petitioner, as he has already got a copy thereof from the Counter Affidavit.

Opportunity of hearing be given to the petitioner and he should be given proper scope to adduce evidence if he needs. The petitioner is directed to

appear before the Collector, Nayagarh on or before 3rd August, 2021. The entire proceeding be concluded not later than 14th, September, 2021 giving

opportunity of hearing to the petitioner.

With the aforesaid observation, the writ petition is accordingly disposed of.

As the restrictions due to COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High

Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice

No. 4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.