The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.714 of 2024 Binod Bihari Jena …. Petitioner Mr. L.K. Mohanty, Advocate State of Odisha & Others -versus- …. Opposite Parties Mr. B.P. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 18.01.2024 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel appearing for the Parties. 3. Pursuant to the order passed by this Court on
Legal Reasoning
17.01.2024, Ms. Amita Pattanaik, D.E.O., Ganjam appeared in person before this Court and files an affidavit. She also produced copy of the letter dtd.18.01.2024 issued by the Officer Concerned, wherein Headmaster, Govt. U.G. High School, Purunapatana, Ganjam has been directed to withdraw the F.I.R in connection with Golanthara P.S. Case No.663 of 2023, which was lodged against the Petitioner basing on the earlier instruction issued by the self-same officer. Copy of the affidavit and letter dtd.18.01.2024 so produced in Court be kept in record. // 2 // 4. Learned counsel for the Petitioner contended that Petitioner with the allegation that he has submitted a forged certificate at the time of his initial appointment, was issued with a show cause by Opposite Party No.3 on 18.11.2023 under Annexure-3. On receipt of the same, Petitioner made an application before Opposite Party No.3 on 12.12.2023 under Annexure-4 inter alia with a prayer to supply copy of the letter issued by the Board, wherein it has been held that Petitioner has submitted a forged certificate. 4.1. It is contended that without providing the document as prayed for in Annexure-4, not only Opposite Party No.3 directed the Headmaster Govt. U.G. High School, Purnapatna to lodge a FIR against the Petitioner vide letter dtd.19.12.2023, but also initiated a proceeding against the Petitioner vide Memorandum dtd.19.12.2023. 4.2. It is contended that since show cause issued under Annexure-3 with regard to submission of fake certificate has not yet been proved by giving due opportunity of hearing to the Petitioner and by providing him with the document as requested vide Annexure-4, the action of the Opposite Party No.3 in directing the Headmaster to lodge a F.I.R and initiate a proceeding on 19.12.2023 is not sustainable in the eye of law. 5. Learned Addl. Government Advocate on the other hand basing on the affidavit filed by Opposite Party No.3 Page 2 of 6 // 3 // contended that since the matter relates to submission of fake certificate by the Petitioner to get the benefit of appointment, basing on the instruction issued by the Government, show cause under Annexure-3 was issued to the Petitioner. As the Petitioner on the plea of non- receipt of the document did not file his reply, Opposite Party No.3 vide letter dtd.19.12.2023 directed the Headmaster of the concerned school to lodge a F.I.R against the Petitioner for such alleged submission of a fake certificate and initiated a proceeding on 19.12.2023 with due service of the Memorandum of Charges. 5.1. It is also contended that taking into account the nature of allegation available against the Petitioner, no illegality or irregularity has been committed with regard to the action taken by Opposite Party No.3 against the Petitioner. However, it is contended that since Opposite Party No.3 vide her letter dtd.18.01.2024 has already directed the Headmaster to withdraw the F.I.R, Petitioner has got no further grievance and the writ petition
Decision
accordingly be disposed of. 6. Having heard learned counsel for the Parties and after going through the materials available on record, this Court finds that with regard to the allegations that the Petitioner has submitted a fake certificate to get the benefit of engagement, Opposite Party No.3 issued the show cause on 18.11.2023 under Annexure-3. Petitioner on receipt of the same vide letter dtd.12.12.2023 under Page 3 of 6 // 4 // Annexure-4 requested Opposite Party No.3 to provide him the letter issued by the Board of Secondary Education, Orissa on 09.11.2023, wherein Board has contended that the certificate so submitted by the Petitioner is a fake one. It is found that without providing a copy of the letter so issued by the Board to the Petitioner as requested in Annexure-4, Opposite Party No.3 vide letter dtd.19.12.2023 under Annexure-5 directed the Headmaster of Govt. U.G. High School, Purunapatana, Ganjam to lodge a F.I.R against the Petitioner for such submission of a fake certificate. Opposite Party No.3 also on the very same date initiated a proceeding against the Petitioner. Since prior to determination of the allegation, basing on which the show cause was issued under Annexure-3, Opposite Party No.3 directed the Headmaster to lodge a F.I.R against the Petitioner and also initiated a proceeding on 19.12.2023, it is the view of this Court that such action of Opposite Party No.3 is not legal and justified. 6.1. In view of the same, this Court directs Opposite Party No.3 to provide the Petitioner the copy of the letter dtd.09.11.2023 as issued by the Board to the Petitioner by 24.01.2024. On receipt of the letter as requested under Annexure-4 Petitioner shall file his reply to the show cause issued under Annexure-3 by 09.02.2024. On receipt of the reply and by giving an opportunity of hearing to the Petitioner, Opposite Party No.3 shall take a Page 4 of 6 // 5 // lawful decision as to whether Petitioner has in fact submitted a fake certificate for his entry into service. Till a decision is taken as directed the proceeding so initiated against the Petitioner on 19.12.2023 shall not be proceeded with. 6.2. Since vide letter dtd.18.01.2024 so produced in Court today, Opposite Party No.3 has directed the Headmaster to withdraw the F.I.R, which was lodged in connection with Golanthara P.S. Case No.663 of 2023 dtd.20.12.2023, this Court is not passing any further order in that regard. It is expected that the Headmaster of the School in terms of the letter issued by Opposite Party No.3 on 18.01.2024 shall take appropriate action immediately to withdraw the F.I.R in question. 6.3. With regard to the allegation of the Petitioner that after issuance of the show cause on 18.11.2023 under Annexure-3, salary of the Petitioner has been withheld w.e.f. November, 23, basing on the undertaking given by Opposite Party No.3 who is present before this Court in person that the salary as due and admissible will be released within a week hence, no direction is issued for release of the salary and it is expected that as per the undertaking, salary of the Petitioner w.e.f. November, 2023 will be released within a week hence. 6.4. With the aforesaid observations and directions, the Writ Petition stands disposed of. Page 5 of 6 // 6 // 7. Personal appearance of Opposite Party No.3 is dispensed with. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Jan-2024 11:05:35 Page 6 of 6