Padmanava Sethy vs State Of Odisha & Others

M.S.Sahoo, J

This matter is taken up through hybrid mode.

Heard Mr. Swain, learned counsel for the petitioner.

It is submitted by Mr. Swain, learned counsel for the petitioner that the petitioner is aggrieved by the order dated 6.11.2021 (Annexure-16) passed by the Appellate Authority-Director, Elementary Education, Odisha, Bhubaneswar (O.P. No.2) rejecting the appeal of the petitioner challenging the order of dismissal of the petitioner from service by order dated 11.5.2020 (Annexure-12 series) issued by the Block Education Officer (O.P. No.4).

Learned counsel for the petitioner has delve into the detail background of the case particularly earlier writ applications and the orders passed by this Court which are indicated herein below :

Order dated 14.7.2017 passed in W.P.(C) No.6727 of 2017 :

"...........Therefore, it is deem just and proper to direct the Director, Elementary Education, Bhubaneswar to enquire into the matter. Accordingly, we dispose of the writ petition with a direction to Director, Elementary Education, Bhubaneswar to enquire into the matter and give an opportunity of hearing to the petitioner regarding his grievance from 2009 onwards as well as the administrative decision taken by the authority. For convenience, the petitioner shall appear before him on 27th July, 2017 and produce all the relevant documents. On his appearance the Director shall fix a date of hearing call for the records from the concerned authorities and take consequential steps in accordane with the law. The above exercise shall be completed within a period of two months."

Pursuant to the said order dated 14.7.2017, order dated 5.12.2017 was passed by the O.P. No.2-Director, Elementary Education as at Annexure-5, operative portion of the order is quoted herein below :

"In view of the facts stated above, Sri Sethi is failed to comply to comply the order of his transfer and remains unauthorized absent from his duty from 26.10.09 to till date i.e. more than 05 years i.e violating Rules-72(2) of Service Code and disciplinary proceedings under Rule-15 of OCS (CC&A) Rules may be initiated against him by DEO, Keonjhar. Secondly his joining as CRCC without joining in his parent post at Ullibasa (Badasahi) Primary School is illegal in the eye of law. The petitioner remained unauthorized absent and the claim of Sri Sethi cannot be considered for release of salary for which his wife was sitting on hunger strike unless he joins in his post at Ullibasa Primary School as an Asst. Teacher after approval of Govt. in S & ME Department as per Rule 72(2) of Service Code."

It is submitted by Mr. Swain, learned counsel for the petitioner that pursuant to the order dated 4.12.2017 issued on 5.12.2017, the petitioner submitted his joining report dated 26.12.2017 as at Annexur-6 which was not accepted as at Annexue-7 by the O.P. No.4 which is contrary to the order dated 5.12.2017 passed by O.P. NO.2 on the face of it. For reference, order of the O.P.NO.4 dated 5.1.2018 is quoted :

"With reference to office order No. 3P-37-17-III-24121 dated 5.12.2017 of the Director Elementary Education, Odisha, Bhubaneswar it is to inform that the joining report sent by you by post is treated as useless and nothing can be done in this matter in absence of specific instruction from higher authority/Govt. Deptt of School & Mass Education Odisha, Bhubaneswar."

It has been further submitted by Mr. Swain, learned counsel for the that maintainability of the departmental proceeding, post retirement, is contrary to the Orissa Service Code as well as OCS (CCA) Rules.

Having heard Mr. Swain learned counsel for the petitioner and Mr. Mohapatra, learned Standing Counsel for the O.Ps., writ petition is admitted.

Issue notice to O.Ps.1 to 4. Let four extra copies of the writ petition be served on the learned Standing Counsel for the OPs. As prayed for by Mr. Mohapatra, ten weeks time is granted for filing counter affidavit. Copy of the counter shall be served on the learned counsel for the petitioner. Petitioner shall have the liberty to file rejoinder.

I.A. No. 17812 of 2021

Heard Mr. Swain, learned counsel for the petitioner and Mr. Mohapatra, learned Standing Counsel for the School & Mass Education Department in detail as indicated above in the order passed in the writ petition.

As an interim measure, it is directed that the order dated 6.11.2021 as at Annexure-16 passed by O.P. No2 and order dated 11.5.2020 passed by O.P. No.4 shall remain stayed until further orders.

Issue urgent certified copy as per Rules.

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