The High Court dismissed a writ petition challenging an enquiry report regarding alleged government job violations by ST candidates. The court declined to interfere, directing the petitioners to participate in the Committee's hearing instead.
Petitioners directed to participate in the hearing before the Committee; Writ Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) NO.5610 OF 2016
08.04.2016
Heard learned counsel for the petitioners as well as learned Addl. Government Advocate
This Writ Petition has been filed by the petitioners challenging the enquiry report da
ted 2.2.2009 passed by the Circle Inspector, Sadar, Phulbani under Annexure-1.
It appears from the records that a proceeding was initiated against the petitioners by
the State Level Scrutiny Committee. In the said proceeding it was alleged that the petitione
rs were engaged themselves in Government Job as ST candidates. Accordingly, they were called
upon to appear before the Committee on 24.06.2013 vide letter dated 5.6.2013. In response to
that, the petitioners filed show cause on 24.6.2013 and participated in the hearing.
Earlier the petitioners challenged the final order of Committee in W.P.(C) Nos.6721/20
09 and 6657/2009 for violation of principle of natural justice. This Court disposed of the s
aid Writ Petitions and remitting back the matter to the Committee for fresh hearing. Accordin
gly, a report was called for from the Vigilance Cell vide Annexure-1. It is contended by the
petitioners, that the said report is without any basis, hence, the same may be quashed.
Considering the above facts and circumstances and as the Committee has called for a re
port and petitioners have already filed their show cause before the said Committee, let the p
etitioners participate in the hearing before the Committee, which will enquire into the matter
and reach to its logical conclusion. Hence, at the stage, this Court is not inclined to ente
rtain this Writ Petition in exercise of the jurisdiction under Article 227 of the Constitution
of India.
Accordingly, the Writ Petition is dismissed.
S. Panda, J.
2
2 issues framed by the court
Whether the writ petition challenging the enquiry report is maintainable at this stage.
Whether the matter should be remanded to the Committee for fresh hearing after previous dismissal due to natural justice violation.
Petitioners
State Level Scrutiny Committee
S. Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court