State Of Odisha & Others vs Duryodhan Sahoo

This matter is taken up through hybrid mode.

It is the case of the State of Odisha that the appellant secured appointment as a Sikhya Sahayak and subsequently regularized as a Teacher by misrepresentation based on fake certificate of B.Ed. Degree. When this fact surfaced from certain complaints, after giving the respondent an opportunity to produce his original B.Ed. Degree certificate, based on which he had secured his appointment, a decision was taken to terminate his services. The said order terminating the respondent’s service became the subject matter of challenge in W.P.(C) No.8931 of 2020 preferred by the respondent. The learned Single Judge, by an order dated 15.02.2023, passed in the said W.P.(C) No.8931 of 2020 has directed the reinstatement of the respondent mainly on the ground of violation of principles of natural justice. The learned Single Judge was of the view that the respondent was not given due opportunity of hearing before his service came to be terminated. The learned Single Judge, accordingly, gave the State of Odisha an opportunity to take a final decision after giving the respondent an opportunity of hearing. Instead of giving the respondent an opportunity of hearing the State has chosen to prefer this intra-court appeal mainly on the ground that the respondent was given due opportunity of hearing and since his B.Ed. Degree was ex-facie fake and forged, the State Government’s decision to terminate his services cannot be faulted with.

We will consider the merits of the case on the next date. In the meanwhile, we give liberty to the State to reinstate the respondent forthwith and give him an opportunity of hearing within one week. The respondent shall be under obligation to respond to any notice issued by the competent authority pursuant to this Court’s order. If the respondent is not to be found and the State finds any difficulty in service of notice upon him, the learned counsel for the respondent shall be required to accept the notice on his behalf through learned Additional Government Advocate. He shall ensure that the notice is communicated to the respondent immediately thereafter.

The competent authority of the State shall give the respondent a fortnight’s time to respond to the show cause notice, whereafter it shall be at liberty to take appropriate decision in accordance with law. If the competent authority requires the respondent to produce before it, copy/copies of the testimonials/the documents of the respondent, the respondent shall be under obligation to present the same.

During the period of continuance of the respondent pursuant to today’s order for reinstatement, he shall be paid current salary but that may be subject to recovery based on the outcome of the present appeal.

List this matter on 22.04.2024 within top first five cases.

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