The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.14565 and 12576 of 2015 (In W.P.(C) No.14565 of 2015) Sagarika Mohanty …. Petitioner Mr. Niranjan Lenka, Adv. -versus- Collector, Balasore and Ors. …. Opposite Parties Mr. Ch. Satyajit Mishra, AGA Mr. Satya S. Kashyap, Adv. (for O.P.6) (In W.P.(C) No.12576 of 2015) Padmabati Behera Petitioner Mr. Satya S. Kashyap, Adv. …. -versus- Collector, Balasore and Ors. …. Opposite Parties Mr. Ch. Satyajit Mishra, AGA Mr. Niranjan Lenka, Adv. (for O.P.5) CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 16.08.2023 16. 1. This matter is taken up through hybrid arrangement. 2. W.P.(C) No.14565 of 2015 has been filed by the Petitioner (Sagarika Mohanty) praying for quashing of the order dated 20.07.2015 passed by the Child Page 1 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 2 // Development Project Officer (CDPO), Remuna disengaging her from service. She further prays for a direction from this Court to the Opposite Parties/ State to allow her to continue in the post of Anganwadi Worker
Legal Reasoning
of Gangapura, Srirampur AWC. 3. W.P.(C) No.12576 of 2015 has been filed by the Petitioner (Padmabati Behera) praying for quashing of the order dated 17.06.2015 passed by the Collector-cum- District Magistrate, Balasore allowing the Anganwadi Appeal No.23 of 2014 filed by the Opposite Party No.5 (Sagarika Mohanty). I. Facts in W.P.(C) No.14565 of 2015: 4. Facts of the present Writ Petition are that in order to fill up the post of AWW of Gangapura, Srirampur, AWC of Kalyanpur G.P. under the administrative control of ICDS Project, Remuna, the Child Development Project Officer (CDPO), Remuna issued notification in the year 2009 inviting application from the eligible candidates for the said post. The Petitioner (Sagarika Mohanty) having fulfilled the requisite eligibilities submitted her application for the said post. Since the Petitioner was found to be more suitable and eligible than other candidates, she was selected for the said post. The Child Development Project Officer (CDPO), Remuna vide order Page 2 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 3 // No.40 dated 19.01.2010 engaged the Petitioner as AWW of the said Gangapura Srirampur Anganwadi Center with monthly honorarium of Rs.2,000/- per month with certain terms and condition. Pursuant to the said order of engagement, the Petitioner joined the said post and she was allowed to discharge her duties. Since the date of her joining, the Petitioner has been discharging her duties along with holding the charge of neighbouring Anganwadi Center as there was no Anganwadi Worker in that center. While the matter stood thus, the Petitioner was served with a show cause notice dated 25.07.2014 issued by the Sub-Collector, Balasore wherein the Petitioner was called upon to explain why action should not be taken against her for certain irregularities as has been reported by the CDPO, Remuna. She was further directed to appear before the Sub-Collector, Balasore in person and filed her written submission for personal hearing failing which ex-party order would be passed. Pursuant to the said notice, the Petitioner submitted her written submission on 04.08.2014 refuting the allegations made in the said show cause notice. After submission of written submission, instead of causing any inquiry on the said allegations, the Petitioner Page 3 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 4 // was served with another notice dated 07.08.2014 by the Sub-Collector, Balasore wherein the Petitioner was further directed to appear before him on 14.08.2014 for personal hearing. Pursuant to the said notice, though the Petitioner appeared before the Sub-Collector, Balasore but no opportunity of personal hearing was given to her and she was told that she would be called on another date for such purpose. Thereafter, the Petitioner was served with the order dated 22.08.2014 issued by the CDPO, Remuna disengaging her from service with effect from 22.08.2014 on the allegation of gross misconduct, negligence in duty and mis-management of the said Anganwadi Center. Being aggrieved by the aforesaid order dated 22.08.2014 issued by the CDPO, Remuna, the Petitioner (Sagarika Mohanty) preferred W.P.(C) No.16612 of 2014 before this Court. This Court vide order dated 04.09.2014 disposed of the said Writ Petition by passing the following order. “xx xx xx xx xx It is directed that in case the petitioner files appeal before the Opp.Party No.1, Collector, Balasore as submitted, appeal be considered and disposed of within three months from the date of filing of the appeal Page 4 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 5 //
Decision
along with certified copy of this order and a copy of the writ petitioner.” Pursuant to the said order of this Court, the Petitioner presented an appeal in the office of the Collector, Balasore on 08.09.2014. However, the same was not accepted on the ground that the regular Collector was not there. Thereafter, the Petitioner met the Sub- Collector, Balasore, but he expressed his inability to accept the appeal on the plea that this Court had directed the Petitioner to prefer appeal before the Collector, Balasore. When the said appeal of the Petitioner was not taken into consideration, she once again approached this Court vide W.P.(C) No.18482 of 2014. This Court vide order dated 13.10.2014 disposed of the said Writ Petition directing the Collector, Balasore and the Additional District Magistrate, Balasore to register the Petitioner’s appeal and proceed to dispose of the appeal within a period of one week from the date of filing of the appeal. It was further directed that application for interim relief would be disposed of within a period of one week from the date of presentation of the appeal. As per the said order dated 13.10.2014 of this Court, the appeal memo of the Petitioner was accepted Page 5 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 6 // and was registered as Anganwadi Appeal No.23 of 2014 before the Collector, Balasore. After causing inquiry, considering the material available on record, the Collector Balasore vide order dated 17.06.2015 allowed the said appeal directing the CDPO, Remuna to allow the Petitioner to join in her post, but without pay for the period she was out of job. Pursuant to the said order dated 17.06.2015, the Petitioner re-joined her service on 24.06.2015 by submitting her joining report before the CDPO, Remuna and she was allowed to discharge her duties. When the Petitioner was discharging her duties as such to the satisfaction of all concern, all of a sudden, she was served with the order dated 20.07.2015 issued by the CDPO, Remuna disengaging her from service as per the order dated 14.07.2015 passed in W.P.(C) No.12576 of 2015 filed by the Opposite Party No.6 (Padmabati Behera). Hence, this Writ Petition. II. Facts in W.P.(C) No.12576 of 2015: 5. This Court does not feel proper to repeat the entire facts again as narrated supra. However, after disengagement of the Opposite Party No.5 (Sagarika Mohanty) from the post of Anganwadi Worker vide order dated 22.08.2014 passed by the Child Development Page 6 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 7 // Project Officer, Remuna passed as per the order dated 22.08.2014 of the Sub-Collector, Balasore, the CDPO, Remuna came up with an advertisement for appointment of Anganwadi Worker in Gangapura, Srirampur Anganwadi Centre on 02.09.2014. Pursuant to the said advertisement, the Petitioner (Padmabati Behera) along with three others submitted their applications for the post of Anganwadi Worker. After due scrutiny, the present Petitioner (Padmabati Behera) having secured highest number and successfully qualified in all the tests, the CDPO, Remuna issued engagement order in her favour vide order No.1162/ICDS dated 01.12.2014. While the Petitioner (Padmabati Behera) was working as Anganwadi Worker in Gangapura Srirampur, Anganwadi Centre to the best satisfaction of her authorities and the responsibilities entrusted upon her, the Opposite Party No.5 (Sagarika Mohanty) had filed W.P.(C) No.16612 of 2014 before this Court challenging the order dated 22.08.2014 passed by CDPO, Remuna disengaging her from the post of Anganwadi Worker. During course of hearing, the Opposite Party No.5 (Sagarika Mohanty) submitted to withdraw the Writ Petition with liberty to file appeal before the appropriate authority. This Court considering the submission made Page 7 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 8 // by the Opposite Party No.5 (Sagarika Mohanty) was pleased to dispose of the Writ Petition vide order dated 04.09.2014 directing the Collector, Balasore to consider and dispose of Appeal to be filed by her within three months from the date of filing of the of the Appeal. The Opposite Party No.5 (Sagarika Mohanty) again approached this Court vide W.P.(C) No.18482 of 2014 on the pretext that the Collector, Balasore is absent owing to which her appeal was neither accepted nor registered. This Court vide order dated 13.10.2014 disposed of the said Writ Petition directing the Collector, Balasore and the Additional District Magistrate, Balasore to register the appeal filed by the Opposite Party No.5 (Sagarika Mohanty) and the Collector, Balasore also directed to dispose of the Appeal within a period of two months from the date of filing of the appeal. At the time of filing of the appeal by the Opposite Party No.5 (Sagarika Mohanty) the advertisement dated 26.11.2014 was issued. Suppressing the fact of issuance of the said advertisement dated 26.11.2014, the Opposite Party No.5 (Sagarika Mohanty) had filed the appeal. By the time the appeal was heard finally, the Petitioner (Padmabati Behera) was engaged and worked for more than seven months. However, these facts were never Page 8 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 9 // brought to the notice of the Collector, Balasore. The Petitioner (Padmabati Behera) was a necessary party to the appeal as the order of learned Collector may affect the service of the present Petitioner (Padmabati Behera). However, the Collector, Balasore without considering the fact of subsequent development in respect of Gangapura Srirampur Anganwadi Centre, based on the show cause notice and show cause reply filed by the Opposite Party No.5 (Sagarika Mohanty) came to a conclusion that the Opposite Party No.5 (Sagarika Mohanty) had not given opportunity of being heard and pleased to set aside the disengagement letter No.841 dated 22.08.2014 issued by the CDPO, Remuna vide order dated 17.06.2015 passed in Anganwadi Appeal No.23 of 2014 in a stereotypical way. The Collector, Balasore also directed the CDPO, Remuna to allow the Opposite Party No.5 (Sagarika Mohanty) to work as Anganwadi Worker in Gangapura Srirampur, Anganwadi Centre. Hence, this Writ Petition. III.SUBMISSIONS OF THE PETITIONER (SAGARIKA MOHANTY in W.P.(C) No.14565 of 2015): 6. Learned counsel for the Petitioner (Sagarika Mohanty) submits that when the appeal at the instance of the Petitioner (Sagarika Mohanty) was pending before the Collector, Balasore, the CDPO, Remuna was not correct Page 9 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 10 // in appointing the Opposite Party No.6 (Padmabati Behera). He further submits that the CDPO, Remuna was not correct in disengaging the Petitioner (Sagarika Mohanty) unless and until the order dated 17.06.2015 passed in Anganwadi Appeal No.23 of 2014 by the Collector, Balasore directing the CDPO, Remuna to allow the Petitioner (Sagarika Mohanty) to work as Anganwadi Worker of Gangapura Srirampur, Anganwadi Centre is set aside. In such view of the matter, he submits that the W.P.(C)No.14565 of 2015 be allowed setting aside the order No.704 dated 20.07.2015 passed by the CDPO, Remuna in disengaging the Petitioner (Sagarika Mohanty) from the post of Anganwadi Worker of Gangapura Srirampur, Anganwadi Centre. IV.SUBMISSIONS OF THE PETITIONER (PADMABATI BEHERA in W.P.(C) No.12576 OF 2015): 7. Learned counsel for the Petitioner (Padmabati Behera) submits that at the time of filing of the appeal by the Opposite Party No.5 (Sagarika Mohanty), the advertisement dated 26.11.2014 was issued. Suppressing the fact of issuance of the said advertisement dated 26.11.2014, the Opposite Party No.5 (Sagarika Mohanty) had filed the appeal. By the time the appeal was heard finally, the Petitioner (Padmabati Behera) was engaged Page 10 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 11 // and worked for more than seven months. However, these facts were never brought to the notice of the Collector, Balasore. The Petitioner (Padmabati Behera) was a necessary party to the appeal as the order of the Collector might affect the service of the Petitioner (Padmabati Behera). However, the Collector, Balasore without considering the fact of subsequent development in respect of Gangapura Srirampur Anganwadi Centre, based on the show cause notice and show cause reply filed by the Opposite Party No.5 (Sagarika Mohanty) came to a conclusion that the Opposite Party No.5 (Sagarika Mohanty) had not given opportunity of being heard and pleased to set aside the disengagement letter No.841 dated 22.08.2014 issued by the CDPO, Remuna vide order dated 17.06.2015 passed in Anganwadi Appeal No.23 of 2014 in a stereotypical way. The Collector, Balasore also directed the CDPO, Remuna to allow the Opposite Party No.5 (Sagarika Mohanty) to work as Anganwadi Worker in Gangapura Srirampur, Anganwadi Centre which was illegal and non-application of mind. He further submits that the Opposite Party No.5 (Sagarika Mohanty) had not approached the appellate authority i.e. the Collector, Balasore with clean hand. Page 11 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 12 // Suppressed the material fact about engagement of the Petitioner (Padmabati Behera), the Opposite Party No.5 (Sagarika Mohanty) has cunningly obtained the order dated 17.06.2015 passed by the Collector, Balasore in Anganwadi Appeal No.23 of 2014 without impleading the Petitioner (Padmabati Behera) who was the necessary party. In such view of the matter, he submits that W.P.(C) No.12576 of 2015 be allowed setting aside the order dated 17.06.2015 passed by the Collector, Balasore in Anganwadi Appeal No.23 of 2014. V. SUBMISSIONS ON BEHALF OF THE STATE: 8. Learned counsel for the State submits that as the Petitioner (Padmabati Behera) had got appointment as Anganwadi Worker in respect of Gangapura Srirampur, Anganwadi Centre at the time of filing of the appeal, she was a necessary party to the Appeal filed by the Petitioner (Sagarika Mohanty). Therefore, he submits that, admittedly, the appellate authority has passed the order in absence of the necessary party i.e. the Petitioner (Padmabati Behera). VI. CONCLUSION AND ORDER: 9. From the conspectus of factual matrix, this Court is unable to accede to the submission of the opposite parties. The rules of natural justice and procedural rules Page 12 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 13 // cannot be given go by in such a light and casual manner, rather, they call for due compliance. 10. Having considered the rival contentions made by the learned counsel for the Parties and on applying the mind carefully on the materials available in both the aforesaid Writ Petitions, this Court is of the view that the order dated 17.06.2015 passed by the Collector, Balasore in Anganwadi Appeal No.23 of 2014 is not sustainable and is liable to be quashed. The matter is required to be remitted to the Collector, Balasore back for re- consideration. 11. Accordingly, the order dated 17.06.2015 passed by the Collector, Balasore in Anganwadi Appeal No.23 of 2014 is set aside. The matter is remitted back to the Collector, Balasore with a direction that Anganwadi Appeal No.23 of 2014 shall be heard afresh giving opportunity of being heard to the parties and disposed of on merit by passing a reasoned order, within a period of thirty (30) days from the date of submission of a copy of this order along with copies of both the Writ Petitions by any of the Parties. 12. Accordingly, both the Writ Petitions are disposed of. 13. Interim order dated 14.07.2015 passed in W.P.(C) No.12576 of 2015 stands vacated. Page 13 of 14 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 // 14 // 14. Urgent certified copy of this order be granted on proper application. Judge ( Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2023 08:31:34 Page 14 of 14