Quashed¶12

Hemanta Bhoi v. State of Odisha

Orissa HC18 Aug 2025WP(C)/20472/2025

Case brief

AI extract

What is this about?

Keywords: Gaon Sathi; Mate; Sarpanch; BDO; Budamal Gram Panchayat; Padampur Block; Bargarh; Guthurla Village; disengagement; show cause notice; opportunity of hearing; principles of natural justice; quashment; reinstatement; Government guidelines dated 20.08.2018; Maheswar Mallik v. State of Odisha (W.P.(C). No. 17441 of 2021); W.P.(C). No. 20472 of 2025; Justice Sashikanta Mishra; order dated 18.08.2025; High Court of Orissa at Cuttack.

What did the court decide?

Impugned disengagement order dated 05.10.2024 quashed; petitioner to be reinstated as Gaon Sathi within two weeks. ¶12

Hemanta Bhoi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). No. 20472 of 2025

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Hemanta Bhoi `…. Petitioner Represented by Mr. T.Nanda, Advocate -Versus - State of Odisha & Ors …. Opposite Parties Represented by AGA

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CORAM: JUSTICE SASHIKANTA MISHRA

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Order No. 01.

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ORDER_ 18.08.2025

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This matter is taken up through hybrid mode.

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The petitioner was working as Gaon Sathi (Mate) of Guthurla Village under Budamal Gram Panchayat of Padampur Block in the district of Bargarh. While working as such he was disengaged as per letter dated 05.10.2024 of the Sarpanch of the said Gram Panchayat. The petitioner’s case is that firstly, the Sarpanch has no authority to disengage him. It is only the BDO who can pass such order. Secondly, the principles of natural justice were not followed inasmuch as the petitioner was not granted any opportunity of hearing. On such facts the petitioner has filed this writ application seeking quashment of the order dated 05.10.2024.

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It is submitted by Mr. Nanda, learned counsel for the petitioner that this case is covered by the ratio decided in Maheswar Mallik & Others vrs. State of Odisha and Others passed in (W.P.(C). No. 17441 of 2021) wherein, referring to the comprehensive guidelines of the Government dated 20.08.2018, it was held that a Mate can be disengaged following due procedure like issuing show cause notice and its disposal.

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It is fairly submitted by Mrs. J.R.Tripathy, learned Special Counsel that as per instructions received, the Sarpanch had issued the order and secondly, said order was not preceded by any show cause notice to the petitioner.

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In view of the above facts, this Court is of the considered view that the impugned order cannot be sustained in the eye of law and is therefore, quashed. The concerned authorities are directed to reinstate the petitioner as Gaon Sathi without any further delay and in any case, within two weeks from today.

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( Sashikanta Mishra) Judge

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Deepak

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Signature Not Verified

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Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 19-Aug-2025 12:52:42

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Hemanta Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hemanta Bhoi v. State of Odisha

Case brief

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