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High CourtsSingle Bench(2023) 06 OHC CK 0112

Trinath Gauda vs State Of Odisha & Ors

Orissa High Court · Decided on 26 June 2023

HON’BLE JUDGES
Biraja Prasanna Satapathy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 6365 Of 2023

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Judgment

9 paragraphs · 330 words

Biraja Prasanna Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2.

Heard Dr. J.K. Lenka, learned counsel for the Petitiner and Mr. S.K. Samal, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3.

The present writ petition has been filed by the Petitioner challenging the initiation of the proceeding on the ground that the Principal –cum- Secretary of the College is not competent for initiation of such proceeding against the Petitioner as it is only the Governing Body who is competent as such.

4.

On instruction Mr. S.K. Samal, learned AGA contended that prior to initiation of the proceeding since the Principal of the College has been permitted by the Sub-Collector –cum- Special Officer of the Governing Body for initiation of such proceeding, no illegality can be found with regard to initiation of the proceeding against the Petitioner. The instruction provided by Mr. Samal be kept in record.

5.

Having heard learned counsel appearing for the Parties and taking into account the provisions contained under 1974 Rules, it is the view of this Court that the Governing Body is only competent to initiate the proceeding against its employee. Even though as submitted by the learned AGA that the Principal who is also the Secretary of the Governing Body has been permitted by the Sub-Collector in his capacity as Special Officer of the Governing Body to initiate such proceeding, but no such permission is enclosed to the instruction. Not only that the proceeding has been initiated by the Principal in his personal capacity, but not as Secretary of the Governing Body.

6.

Therefore, in view of such material irregularity with regard to initiation of the proceeding, this Court is inclined to quash the proceeding so initiated by the Principal of the College under Annexure-11. But quashing of the proceeding will not debar the Governing Body of the College to initiate fresh proceeding in accordance with law.

7.

The writ petition is disposed of accordingly.

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