The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6949 of 2025 Pramod Kumar Panda ..... Petitioner Represented By Adv. – Mr. Krishna Chandra Sahu State Of Odisha and others ..... Opposite Parties -versus- Represented By Adv. –
Legal Reasoning
Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 11.03.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to pass following prayers:- (i) The Hon’ble Court be pleased to admit & allow this writ petition, (ii) The Hon’ble Court be pleased to quash the impugned order dtd. 12.03.2024 under Page 1 of 5. Annexure-4 and order dtd. 13.03.2024 under Annexure-5 with further directing the Opposite Party No.1 to finalize the enquiry into the allegations as has been levelled against the petitioner within a time bound period in accordance with the provisions of Section-88(15) of J.J. Act, 2015 & 105(16) of J.J. Rules 2018 with further directing the Opp. Parties for allowing the petitioner to continue in the post of Chairperson of CWC, Ganjam as usual till completion of his term as per the order of appointment under Annexure-1 with granting all consequential benefits within a time bound period for the interest of justice. (iii) The Hon’ble Court be pleased to pass such any other order(s), direction(s) as may deems fit & proper for bona fide interest of justice.” 4. It is stated by the learned counsel for the Petitioner that pursuant to an advertisement for appointment to the post of Chairperson, Child Welfare Committee of Ganjam District, the Petitioner, who possessed all the requisite eligibility criteria, submitted his candidature. Thereafter, on being duly selected, the Petitioner was appointed as Chairperson of Child Welfare Committee of Ganjam District vide Notification No.13859 dated 05.07.2023. On such appointment, the Petitioner submitted his joining report on 12.07.2023 and resumed his office and has been discharging his duty sincerely and honestly. He further submitted that after completion of several months in the office of the Chairperson of the Child Welfare Committee of Ganjam District, a show cause notice was issued to the Petitioner on Page 2 of 5. 17.02.2024 and she was specifically asked to submit his reply to such show cause. Pursuant to the aforesaid show cause notice dated 17.02.2024, the Petitioner submitted his reply on 27.02.2024 before the authority. While this was the position, vide order dated 12.03.2024 issued by the Collector, Ganjam, the Petitioner was asked not to attain his office till finalization of the inquiry pending against him and one Dillip Kumar Tripathy, who happens to be a member of CWC Office, Ganjam, has been conferred with the responsibility of the Chairperson of CWC Ganjam until further orders. 5. Learned counsel for the Petitioner further contended that while this was the position, the Petitioner again received a letter dated 14.03.2024 whereunder he was requested to remain present in the conference hall of the W&CD Department, Government of Odisha on 15.03.2024 for personal hearing. However, on 15.03.2024 although the Petitioner was present, the hearing could not be completed on that day and the matter was deferred to 16.03.2024. On 16.03.2024, the matter could not be taken up on account of publication of the Election Code of Conduct Notification. Thereafter, the matter has been deferred from time to time. He further contended that in the meantime almost one year has expired, the inquiry initiated against the Petitioner has not been concluded. Being aggrieved by such conduct of the Opposite Parties in not concluding the inquiry against the Petitioner for almost one year, which has resulted in the Petitioner not attending his office to which he had been duly selected and appointed as the Chairperson, CWC, Ganjam, the Page 3 of 5. Petitioner has approached this Court by filing the present writ petition. 6. Learned counsel for the State, on the other hand, contended that pending any inquiry, the Petitioner is not to attend his office as Chairperson of CWC, Ganjam. He further contended that from the materials annexed to the writ petition, it appears that the inquiry is pending before the Government. In such view of the matter, learned counsel for the State submitted that in the event the inquiry is still pending, he will have no objection if this Court directs the Opposite Parties to conclude the inquiry in accordance with law and in a time bound manner. 7. Taking into consideration the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the documents annexed to the writ petition, further keeping in view the grievance of the Petitioner as discussed hereinabove, this Court, in the larger interest of justice, deems it proper to dispose of the writ petition by directing the Opposite Party No.1 to do the needful and to conclude the pending inquiry against the present Petitioner by taking into consideration the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 as well as Rules framed thereunder in the year 2018, if the same has not been concluded in the meantime, within a period of four weeks from the date of communication of a certified copy of this order, after providing an opportunity of hearing to the Petitioner. Accordingly, the Petitioner is directed to approach the Opposite Party No.1 along Page 4 of 5. with a copy of this order within two weeks from today and in the course of the inquiry the Petitioner shall remain present in person, as and when his presence is required by the Inquiring Officer. The final decision so taken be communicated to the Petitioner within a week thereafter. Debasis ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 17-Mar-2025 11:18:36 Page 5 of 5.