The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5976 of 2023 Srinibas Swain …. Petitioner Mr. N.R. Routray, Advocate State of Odisha and Others -versus- …. Opposite Parties Mr. P.K. Panda, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. 11. 1. This matter
Decision
ORDER 10.11.2025 taken up is through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging order dated 23.03.2022, so passed by Opp. Party No.2 under Annexure-8 and further order passed by the Govt.-O.P. No.1 on 20.08.2022 under Annexure- 10 and subsequent order by the self-same O.P. No.1 on 08.05.2023 under Annexure-12. 4. It is contended that petitioner was engaged as GPTA on being sponsored by the Panel maintained by the Committee of Chief Engineer, Govt. of Odisha. In terms of the letter issued on 31.05.2011 under Annexure-1, petitioner joined against the post of GPTA on contractual basis on 17.06.2011. Subsequently, petitioner was posted in the district of Jajpur and while // 2 // continuing as such in the district of Jajpur, petitioner remained on Medical Leave w.e.f. 08.09.2018. 4.1. Learned counsel for the petitioner contended that because of his prolonged illness, petitioner remained on Medical Leave w.e.f. 08.09.2018 to 30.11.2019. After being declared fit, he joined his duty on 01.12.2019. Petitioner submitted his joining on 01.12.2019 before O.P. No.6 along with the Medical Certificate and Fitness Certificate issued by the concerned Doctor. 4.2. However, instead of allowing the petitioner to join w.e.f. 01.12.2019, petitioner was issued with the show- cause by Opp. Party No.2 on 05.07.2021 under Annexure-6 inter alia on the issue that why petitioner will not be disengaged, in terms of the Para-9(a)(i) of office order dated 14.03.2018 as well as in terms of the agreement executed by him at the time of his initial engagement. 4.3. Learned counsel for the petitioner contended that on being provided with the show-cause, petitioner submitted a detailed reply on 02.08.2021 under Annexure-7 inter alia taking the ground that because of his illness from 08.12.2018 to 30.11.2019, petitioner could not join in his duty and after being declared fit, his joining report submitted on 01.12.2019 before O.P. No.6 was not accepted. 4.4. It is however contended that on the face of the reply submitted under Annexure-7, vide order dated Page 2 of 6 // 3 // 23.03.2022 under Annexure-8 of Opp. Party No.2, petitioner was dis-engaged from his services. Even though petitioner made an appeal before O.P. No.1 under Annexure-9 but the said appeal was also rejected vide order dated 20.8.2022 under Annexure- 10. Not only that prayer of the petitioner made before the Hon’ble Minister under Annexure-11 was also rejected by the Govt. vide order dated 08.05.2023 under Annexure-12. 4.5. Learned counsel for the petitioner vehemently contended that since petitioner because of his prolonged illness from 08.09.2018 to 30.11.2019 could not join and in support of his illness and even though he produced the medical certificates in support of the same, but without accepting such plea of the petitioner, petitioner was issued with the show-cause after about 1 and ‰ years of joining on 05.07.2021 under Annexure-6. 4.6. Even though petitioner submitted a detailed reply indicating therein that because of his illness he could not join during the period from 08.09.2018 to 30.11.2019 and his joining was not accepted even though it was submitted on 01.12.2019, but without proper appreciation of the said plea, petitioner was dis- engaged vide order dated 23.03.2022 under Annexure- 8 of Opp. Party NO.2, so confirmed by Opp. Party No.1 vide order dated 20.08.2022 under Annexure-10 and 08.05.2023 under Annexure-12. Page 3 of 6 // 4 // 4.7. It is accordingly contended that the ground on which petitioner was dis-engaged vide order under Annexure-8 confirmed vide order under Annexure-10 and 12 are not sustainable in the eye of law. 5. Learned Addl. Standing Counsel basing on the stand taken in the counter affidavit contended that in support of his illness, petitioner since never produced any medical certificates, on the face of the reply filed to the show-cause dated 05.07.2021 under Annexure-6, vide Annexure-7, petitioner’s claim for his re- engagement was refused. Because of such absence from duty for the period from 08.09.2018 to 30.11.2019, he was dis-engaged vide order dated 23.03.2022 under Annexure-8, taking recourse to the provisions contained under Para-9(a)(i) of order dated 14.03.2018. Para-9(a)(i) of the office order dated 14.03.2018 reads as follows:- “9(a)(i) On receipt of a report from the officers of P.R & D.W Department/Collectors/ P.D, DRDAS/ BDOs relating to lapses on the part of any GPTA and on the basis of prime- facie material, a show cause notice will be issued to the concerned GPTA containing the charges directing him/her to submit his/her reply within a specified period not more than 30 days. The documents, if any, relied by the Disciplinary Authority, shall be communicated to the erring GPTA along with the show cause notice.” 5.1. Learned Addl. Standing Counsel accordingly contended that since in support of his illness and the fitness certificate obtained by the petitioner were never produced before the Opp. Party No.2 along with the Page 4 of 6 // 5 // reply submitted under Annexure-7, petitioner’s claim has been rightly rejected. 6. Considering the stand taken in the counter affidavit, this Court passed the following order on 17.09.2025:- “1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Even though the present Writ Petition has been filed assailing the impugned order of dis-engagement on the ground that petitioner because of his illness could not join for a pretty long period, but no documents showing such illness is available in the case record. 4. As requested by learned counsel for the petitioner, list this matter in the week commencing 27.10.2025. 5. Relevant documents in support of illness of the petitioner and so produced before the authority, be produced before this Court.” 7. Pursuant to the said order, while filing an additional affidavit, petitioner produced the documents in support of his illness w.e.f. 08.09.2018 to 30.11.2019 as well as the letter issued by the concerned doctor declaring the petitioner fit to resume his duty w.e.f. 01.12.2019 under Annexure-13 series. 8. Having heard learned counsel for the parties, considering the submissions made and the documents produced by the petitioner in support of his illness pursuant to order dated 17.09.2025, this Court is of the view that petitioner during the period from 08.09.2018 to 30.11.2019 was under medical treatment. Since on the ground that such documents Page 5 of 6 // 6 // were never produced along with the reply to the show- cause petitioner was dis-engaged vide order under Annexure-8 further confirmed vide order under Annexure-10 and 12, this Court is of the view that claim of the petitioner for his re-engagement requires a fresh consideration by Opp. Party No.2. 8.1. Therefore, this Court while quashing the orders issued under Annexure-8, 10 and 12, directs Opp. Party No.2 to take a fresh decision on the claim of the petitioner to get the benefit of re-engagement. Petitioner is permitted to provide a copy of this order along with the Medical Certificate enclosed vide Annexure-13 series before Opp. Party No.2 for compliance of this order. Opp. Party No.2 is directed to take a fresh decision within a period of 2 (two) months from the date of receipt of this order along with the Medical Certificate as directed with due communication to the petitioner. 9. The Writ Petition stands disposed of accordingly. Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Nov-2025 12:06:07 (Biraja Prasanna Satapathy) Judge Page 6 of 6