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2011 DIGILAW 507 (ORI)

Ashok Kumar Bhoi v. State of Orissa

2011-09-26

CHAIRMAN, N.PRUSTY

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JUDGMENT JUSTICE N. PRUSTY, — The applicant, who is presently working as Jr. Stenographer in the office of the Sub-Collector, Titilagarh in the district of Bolangir, has filed this O.A. with a prayer to quash the order dated 1.8.2011 (Annexure-1) whereby he has been relieved from the office of Sub-Collector, Titilagarh with effect from 1.8.2011 to enable him to join in the district office on administrative exigencies and he was also directed to handover complete charges of his seat to Sri Hara Prasad Sahu, Sr. Clerk within two days and compliance reported. It has also been prayed for by the applicant for a direction to the respondents to allow the applicant to continue in the office of the Sub-Collector, Titilagarh since the Sub-Collector, Titilagarh not being the appointing/transferring authority issued the impugned order of transfer. Heard Mr. S.K. Gartia, learned counsel for the applicant and Mr. H. Kanungo, learned Government. Advocate. Mr. Gratia, learned counsel for the applicant submit that the appointing authority of the applicant is the Collector, Bolangir and as such he is the transferring authority so far as the applicant is concerned. Till date the appointing authority of the applicant has not issued any transfer order as against the applicant. However, for the reasons best known to the Sub-Collector, Titilagarh, he has relieved the applicant from his office with effect from 1.8.2011 for enabling him to join in the district office on administrative exigencies when no order has been passed by the competent authority transferring him from the office of the Sub-Collector, Titilagarh to the district office. As such without any transfer order being issued to the applicant he has been relieved by respondent No.3 for the reasons best known to him. In that view of the matter the order under Annexure-1 is liable to be quashed and the applicant be allowed to continue in the office of Sub-Collector, Titilagarh and the period of his service from the date of his relief till the date he is allowed to join in the post be regularised. Mr. Kanungo, learned Govt. Advocate on the basis of averments made in the counter submits that admittedly the Collector, Bolangir is the appointing as well as transferring authority so far as the applicant is concerned. But till date he has not been transferred from his present place of posting to the district office by the order of Collector, Bolangir. Mr. Kanungo, learned Govt. Advocate on the basis of averments made in the counter submits that admittedly the Collector, Bolangir is the appointing as well as transferring authority so far as the applicant is concerned. But till date he has not been transferred from his present place of posting to the district office by the order of Collector, Bolangir. In the counter filed by the Sub-Collector, Titilagarh on behalf of respondents i.e. respondent Nos.1 to 3 it is averred that the Sub-Collector, Titilagarh requested the Collector, Bolangir frequently to transfer the applicant. Since the Collector, Bolangir did not issue any transfer order in respect of the applicant as because he is a busy person, finding no other alternative, the Sub-Collector had relieved the applicant from his post and asked him to join and submit his joining report in the district office, so also intimated the matter to the Collector, Bolangir to do the needful. To my specific query learned Govt. Advocate submit that no action has been taken till date on the so-called letter of the Sub-Collector, Titilagarh by the Collector, Bolangir and as such till date no transfer order has been issued as against the applicant by the competent authority. Considering the submissions made by the learned counsels for both the parties and after going through the contents of the O.A. as well as counter so also impugned order dated 1.8.2011 (Annexure-1), I am of the considered view that since no order has yet been issued by the appointing authority of the applicant i.e. Collector, Bolangir transferring the applicant from the office of Sub-Collector, Titilagarh to the district office, the Sub-Collector, Titilagarh has no authority to relieve the applicant from his office. As such the Sub-Collector, Titilagarh has gone beyond his jurisdiction in relieving the applicant from his present place of posting only with intimation to the Collector, Bolangir. In that view of the matter, the order dated 1.8.2011 (Annexure-1) is quashed. Respondent No.3 is directed to allow the applicant to continue as Jr. Stenographer in the office of the Sub-Collector, Titilagarh and regularise his service from the date of his relief till the date of his joining with all service and financial benefits, since the applicant had no contribution for non-discharging his duties with effect from 1.8.2011 till the date of his joining. Stenographer in the office of the Sub-Collector, Titilagarh and regularise his service from the date of his relief till the date of his joining with all service and financial benefits, since the applicant had no contribution for non-discharging his duties with effect from 1.8.2011 till the date of his joining. It is further directed that the period for which the applicant was not allowed to perform his duties in the office of the Sub-Collector, Titilagarh as Jr. Stenographer, even if he has not discharged his duties for that period, the salary as due and admissible to the applicant for the said period shall be disbursed in his favour and if the respondent Nos.1 and 2 so decide, they are at liberty to recover such amount which will be paid to the applicant, for the period he was not allowed to perform his duties, from the erring official. Entire exercise be completed within few weeks from the date of communication of this order. With this observation/direction, the O.A. is disposed of. The copy of order be communicated to the respondents at the cost of the applicant. O.A. disposed of.