Quashed

Trinath Gauda v. State of Odisha

Orissa HC26 Jun 2023WP(C)/6365/2023

Case brief

AI extract

What is this about?

A writ petition challenging the initiation of disciplinary proceedings by a College Principal as ultra vires because only the Governing Body has such competence. The court quashed the proceedings due to material irregularity in the initiation but reserved the right for the Governing Body to initiate fresh proceedings.

What did the court decide?

Quashed the proceeding so initiated by the Principal of the College under Annexure-11.

Trinath Gauda Vs State of Odisha — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 6365 of 2023

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Trinath Gauda

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…. Petitioner Dr. J.K. Lenka, Advocate

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-versus-

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State of Odisha & Ors.

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…. Opposite Parties Mr. S.K. Samal, AGA

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

26.06.2023

Order No

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

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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.

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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.

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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.

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// 2 //

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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 SubCollector 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.

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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.

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7. The writ petition is disposed of accordingly.

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(Biraja Prasanna Satapathy) Judge

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Sneha

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Signature Not Verified

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Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: Cuttack Date: 26-Jun-2023 16:18:03

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Trinath Gauda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Trinath Gauda v. State of Odisha

Case brief

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