The single-judge High Court dismissed a writ petition challenging the termination order of a permanently resolved employee. The Court held that the termination was valid as the enquiry was conducted after providing an opportunity of hearing, thereby complying with natural justice.
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W.P.(C) No. 15781 of 2005
Perused the record. The petitioner has filed this application to quash the order of termination issued by the CLCC, Bandhapathar and for payment of arrear salary for the month of October and November, 2005 and further seeks to quash the engagement of opposite party no.5 as MCS Coordinator, Bandhapathara vide letter dated 05.08.2006, Annexure-8.
Pursuant to advertisement issued by the Government for appointment of MCS Coordinator for village Bandhapathar, as per the Scheme to persuade the girls students who are leaving the School without completing the ME Standard, the petitioner applied for the said post being a permanent resident of the said village. By following due procedure, she has been engaged. But an enquiry was conducted by the Addl. District Magistrate, Boudh on the basis of the petition filed by Sangita Bhoi, opposite party no.5 regarding submission of false certificate in support of her age for selection of M.C.S. Coordinator. By affording opportunity of hearing to the petitioner and by issuing notice of show cause, the petitioner was terminated from service. Thus, the termination was made by following due procedure of law and by giving opportunity of hearing. Therefore, there is compliance of
principle natural justice. This Court does not find any illegality or irregularity in the order impugned. The writ petition merits no consideration, accordingly, the same stands dismissed.
.....……………………… Dr. B.R. Sarangi, J.
Ajaya
1 issue framed by the court
Whether the termination order issued to the petitioner after an enquiry conducted in compliance with the principle of natural justice is maintainable.
Petitioner
Sangita Bhoi
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
