The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.8816 of 2023 Geetanjali Panda …. -versus- Petitioner Mr. S. Mallik, Adv. State of Odisha & Others …. Opp. Parties Mr. R.N. Mishra, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 10.08.2023
Decision
Order No 10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. S. Mallick, learned counsel appearing for the Petitioner and Mr. R.N. Mishra, learned Addl. Govt. Advocate. 3. The Petitioner has filed the present Writ Petition inter alia with the following prayer. <1. Quash the impugned order of termination dt.27.05.2020 under Annexure-5. 2. Direct order that the petitioner shall be reinstated into service as a Cook in regular scale of pay w.e.f the date of termination with all consequential service and monetary benefits. 3. Pass such other orders as may be deemed fit and proper in the interest of justice. And for this act of kindness the Petitioner as in duty bound shall ever pray.= // 2 // 4. It is contended that the Petitioner was appointed as a Cook on consolidated remuneration basis in MANAS, School for MR, Koraput vide order issued by the Opp. Party No.2 dt.03.03.2020 under Annexure-2. 4.1. It is contended that while so continuing without issuing any show-cause and without following the principle of natural justice, when the Petitioner was terminated from his service vide order dt.27.05.2020 under Annexure-5 on the ground that the Transfer Certificate produced by the Petitioner at the time of her appointment is not a genuine one, the Petitioner challenging such order of termination is before this Court in the present Writ Petition. 4.2. Though in the Writ Petition a ground was taken that without issuing any show-cause, the Petitioner was terminated, but the learned Counsel for the Petitioner while filing the rejoinder affidavit, fairly conceded that prior to issuance of such order of termination, the Petitioner was show- caused by the Opp. Party No.2 vide show-cause dt.05.05.2020 and the Petitioner also made her reply to the same. 4.3. However, it is contended that the Petitioner at the time of her appointment had produced the Transfer Certificate issued by the Headmistress, R.K. Girls’ High School, Semiliguda vide Annexure-3 and the Headmistress of the said school vide Annexure-4 has already indicated that the Transfer Certificate issued in faovour of the Petitioner under Annexure-3 is a genuine one. But Opp. Party No.2 while issuing the show- cause on 05.05.2020 vide Annexure-E/3 took a plea that the Transfer Certificate submitted by the petitioner is not a Page 2 of 5 // 3 // genuine one as reported by the Headmistress , Govt. Girls’ High School, Koraput. 4.4. It is contended that the Petitioner has never prosecuted her studies in Government Girls’ High School, Koraput and accordingly any report submitted by the Headmistress, Govt. Girls High School, Koraput could not have taken into consideration by the Opp. Party No.2 while issuing the show- cause. It is accordingly contended that the order of termination so issued vide Annexure-5 is not sustainable in the eye of law as the Petitioner has not committed any fraud by producing any fraud Transfer Certificate at the time of her appointment. 5. Mr. R.N. Mishra, leaned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit so filed by Op. Party Nos.2 & 3. 5.1. It is contended that after being appointed as a Cook on consolidated remuneration basis vide order under Annexure-2, verification was made with regard to authenticity of the Transfer Certificate so produced by the Petitioner from Headmistress, R.K. Girls’ High School by the BEO, Semiliguda. The said authority vide his letter dt.17.03.2023 under Annexure-D/3 clearly indicated that the Transfer Certificate so issued by the Headmistress R.K. Girls High School is not a genuine one. Basing on such letter issued by the B.E.O, Semiliguda Under Annexure-D/3, the Petitioner was show- caused on 05.05.2020 under Annexure-E/3 and after consideration of her reply to the show-cause, the Petitioner was terminated from her service vide under Annexure-5 on the ground that the Petitioner has produced a fake Transfer Certificate at the time of her appointment. Page 3 of 5 // 4 // 6. To the aforesaid submission of learned A.G.A, learned counsel for the Petitioner contended that while issuing the show-cause under Annexure-E/3, Opp. Party No.2 never indicated that the Transfer Certificate issued by the Headmistress, R.K. Girls’ High School, Semiliguda has been found to be not genuine as per the report of the Headmistress of the said School. Since the report of the B.E.O, Semiliguda so available under Annexure-D/3 was never communicated to the Petitioner along with the show-cause and a stand was taken that the Transfer Certificate was not genuine as reported by the Headmistress, Govt. Girls’ High School, Koraput, the Petitioner had no occasion to dispute the report so submitted by the B.E.O, Semiliguda under Annexure-D/3. Accordingly, it is contended that the show-cause being a defective show-cause and not in accordance with the report submitted by the BEO, consequential action taken by the Opp. Party No.2 basing on the said show-cause is not sustainable in the eye of law. 7. Having heard learned counsel for the parties and after going through the materials available on record, it is found that the Petitioner when was appointed as a Cook, as submitted by the Petitioner, she had produced the Transfer Certificate issued by the Headmistress, R.K. Girls High School, Semiliguda under Annexure-3. If on enquiry, BEO, Semiliguda as reflected in Annexure-D/3 found that the said Certificate is not a genuine one, Opp. Party No.2 should have issued the show-cause by indicating the said fact. But from the show cause it is found that the Opp. Party No.2 issued the show- cause by holding that the Transfer Certificate is not a genuine basing on the report submitted by the Headmistress, Government Girls High School, Koraput. Since the Petitioner Page 4 of 5 // 5 // was never a student in Government, Girls High School, Koraput, any report submitted by the Headmistress of that school has got no relevancy to the case of the Petitioner. Since the show-cause issued under Annexure-E/3 is not in accordance with the report submitted by the BEO, Semiliguda under Annexure-D/3, the order of termination passed by Opp. Party No.2 on 27.05.2020 under Annexure-5 basing on the said show-cause as per the considered view of this Court is not sustainable in the eye of law. 8. Therefore, this Court is inclined to quash the order dt.27.05.2020 so passed by Opp. Party No.2 under Annexure- 5. While quashing the same, this Court directs the Opp. Party No.2 to issue a fresh show-cause by enclosing the report submitted by the B.E.O, Semiliguda under Annexure-D/3 along with all its enclosures within a period of two (2) weeks from the date of receipt of this order. The Petitioner will be allowed four (4) weeks time to file her reply to the said show- cause. Opp. Party No.2 is directed to take a fresh decision by giving reasonable opportunity of hearing to the Petitioner within a further period of four(4) weeks. 9. The Writ Petition is accordingly disposed of with the aforesaid observation and direction. sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 16-Aug-2023 14:30:04 (Biraja Prasanna Satapathy) Judge Page 5 of 5