Odisha Nursing Employees Association And Others vs State Of Odisha And Others

Arindam Sinha, J

The writ petition has been listed under heading ‘To be Mentioned’ at instance of Court since, it was tagged with W.P.(C) no.2601 of 2022 (Suchismita Dash and another v. State of Odisha and others) disposed of by judgment dated 17th October, 2022. As no submission was made regarding tagged items at the time, hence, direction for listing.

Mr. Biswal, learned advocate appears on behalf of the association and other petitioners and submits, impugned is, inter alia, memo dated 22nd February, 2022 informing approval of the Government on following two points, extracted and reproduced below.

“1.To initiate disciplinary action taken against the former office bearers elected in the year of 2017, as per provisions of conduct rules for not holding the election in time, taking Covid-19 pandemic as a cause of delay which came in the month of March, 2020.

To initiate disciplinary action against the members of the association who have Conducted the election without taking prior permission of the Government in the Administrative Department on 14.09.2021 & 15.09.2021 as per provisions of conduct rules.”

Mr. Nayak, learned advocate appears on behalf of private opposite parties while Ms. Pattanayak, learned advocate, Additional Government Advocate, on behalf of State.

On consent of parties, the writ petition is taken up for hearing and disposed of at this stage.

Paragraph-5 from judgment dated 17th October, 2022 (supra) is reproduced below.

“5. Neither State nor opposite party nos.6, 7 and 8 have been able to demonstrate, there is requirement under the bylaws to obtain permission to conduct election. Nevertheless, petitioners themselves sought permission and it was granted by the Home Department on 13th September, 2021 on conditions and subject to rider that H & FW Department would pronounce on whether it was conducive to hold the election. It would appear from letter dated 15th September, 2021 of cancellation by the H & FW Department that there is no reference to the pandemic as basis for the cancellation. Letter bearing no.32712 dated 15th September, 2021 of cancellation by Home Department was not disclosed by State. In the circumstances petitioners are justified in contending that they conducted election on permission granted by Home Department.

In addition, it appears from the two points approved that they are contradictory to each other. First point says, initiate disciplinary action for not holding election in time taking Covid-19 pandemic as basis for delay. Second point says, initiate action for having conducted the election without taking prior permission of the Government. Moreover, it will appear from above extracted paragraph-5 of judgment dated 17th October, 2022 (supra) that this Bench found, petitioners in said writ petition could not be faulted for having conducted the election.

For reasons aforesaid, impugned memo dated 22nd February, 2022 and all others connected thereto are set aside and quashed.

The writ petition is disposed of..

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