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2009 DIGILAW 559 (ORI)

SIBA PRASAD MISHRA v. STATE OF ORISSA

2009-07-27

B.P.DAS, S.R.SINGHARAVELU

body2009
JUDGMENT : B.P. Das, J. - The brief facts leading to this case are that the Petitioner while working as Principal of the Institute of Textile Technology (ITT), Choudwar, was put under suspension by the Board of Governors (BOG) of the said Institute on 15.3.2004. The Disciplinary Authority-BOG issued a show cause notice to the Petitioner on 22.9.2007 regarding the penalty proposed to be imposed on him by the Director-cum-Chairman, O.P. and required him to file representation within fifteen days (Annexure-1). The Petitioner on medical ground sought for four weeks' time to file his reply to the second show cause notice. It is Worthwhile to mention here that the Petitioner had earlier assailed the second show cause notice dated 22.9.2007 before this Court in W.P.(C) No. 13833/2007 on the ground that issuance of the said notice was a mere empty formality, as it was clearly stated that the BOG had decided to remove the Petitioner from service. The aforesaid Writ Petition was disposed of by order dated 8.11.2007 with the following observations: ...So Anexure-10 being a notice to show cause against the proposed penalty of removal from the post of Principal of the Institute cannot be construed to be a final decision. The expression "decided to remove", in our considered opinion, is explicit about the proposed penalty. The Petitioner on 23.11.2007 submitted his reply/representation to O.P.2 raising all such points as were raised before this Court. But according to the Petitioner, the order of his removal dated 31.10.2007 passed by O.P.2 was received by him on 12.11.2007. 2. According to Mr. S. Mohapatra, learned Counsel for the Petitioner, the O.Ps. have not complied with the order of this Court dated 8.11.2007 passed in W.P.(C) No. 13833/2007. He also drew our attention to Annexure-6, letter dated 14.12.2007 issued by the Deputy Director of Technical Education & Training, Cuttack, forwarding the representation of the Petitioner to the Government, Industries Department, to take necessary action at Government level. Annexure-6 was stated to have been obtained by the Petitioner under the Right To Information Act. According to the Petitioner, when Annexure-6 had been issued, it indicates that the case of the Petitioner was under active consideration of the Government. That apart, no decision was taken by the BOG after the Petitioner submitted his reply to the show cause notice. 3. Mr. According to the Petitioner, when Annexure-6 had been issued, it indicates that the case of the Petitioner was under active consideration of the Government. That apart, no decision was taken by the BOG after the Petitioner submitted his reply to the show cause notice. 3. Mr. Mohapatra for the Petitioner submitted that when the Chairman of the BOG allowed four weeks' time to the Petitioner to file his show cause reply on 27.10.2007, the order of removal passed on 3.1.10.2007 was arbitrary, illegal and liable to be set aside. 4. Two counter affidavits have been filed by O. Ps.1 & 2. In the counter affidavit filed by O.p.1 and sworn to by the Commissioner-cum-Secretary to Government, Department of Industries, O.P.1, it is stated that the representation dated 23.11.2007 made by the Petitioner was received in the Department on 30.11.2007 and the State Government vide letter dated 15.2.2008 requested the Principal-in-Charge, ITT, Choudwar, to place the matter before the BOG for consideration. But the records reveal that before issuance of the Government letter dated 15.2.2008, the BOG in their meeting held on 30.10.2007 had already taken a decision to remove the Petitioner from service, which was confirmed vide meeting held on 4.10.2008. 5. Annexure-1, the second show cause notice dated 22.9.2007 was issued to the Petitioner giving fifteen days' time to submit his representation against the proposed penalty. Annexure-2, the letter dated 27.10.2007, indicates that the Deputy Director (Inspection), Technical Education & Training, Cuttack, allowed four weeks' time to the Petitioner to file effective reply to the show cause notice. In the meantime, the order of this Court was passed in W.P.(C) No. 13833/2007 on 8.11.2007. We find the Chairman, O.P.2 acted in great haste in passing the impugned order of removal of the Petitioner effective from 1.11.2007 without considering the representation of the Petitioner and before lapse of four weeks' time granted to him to file his effective reply. In such view of the matter, we are of the opinion that the Petitioner's case requires to re-hearing by the BOG in terms of the letter dated 15.2.2008 issued by the Under Secretary to Government, Industries Department vide Annexure-8, for which we have no hesitation to set aside the order dated 1.11.2007 passed by the Chairman, BOG, O.P.2 and accordingly, we do so. The Commissioner-cum-Secretary to Government, Industries Department, O.P.1, is directed to convene a meeting of the BOG of the Institute of Textile Technology, Choudwar, within a period of one month from the date of communication of this order and take a decision on the show cause reply of the Petitioner afresh in accordance with law. The writ petition is allowed accordingly. No cost. Final Result : Allowed