(An application under Articles 226 & 227 of the Constitution of India) Rashmita Sahu v. State of Odisha & Ors
Case Details
Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 15:49:26 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 11309 of 2018 (An application under Articles 226 & 227 of the Constitution of India) Rashmita Sahu .…… Petitioner Versus State of Odisha & Ors. ……. Opposite Parties Advocate(s) appeared in this case:- For Petitioner : Ms.S.Mohapatra, Advocate For Opposite Parties :
Legal Reasoning
Mr.S.P.Panda, AGA Mr.S.C.Dash, Advocate for O.P.5 Mr.S.S.Rao, Advocate for O.P.6 CORAM : JUSTICE B.P. ROUTRAY JUDGMENT 3rd October 2024 B.P. Routray,J. 1. Heard Ms. S.Mohapatra, learned counsel for the Petitioner, Mr. S.C. Dash, learned counsel for Opposite Party No.5, Mr. S.S.Rao, learned counsel for O.P.6 and Mr. S.P.Panda, learned AGA for State- Opposite Parties. 2. The Petitioner has challenged order dated 20th June 2018 under Annexure-18 passed in the appeal preferred by Opposite Party No.5 before the Regional Director of Secondary Education, Bhubaneswar. In said order dated 20th June 2018 the service of Opposite Party No.5 has been reinstated by allowing the appeal. W.P.(C) No.11309 of 2018 Page 1 of 6 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 15:49:26 3. The facts of the case in brief are that, initially Opposite Party No.5 was appointed as a Hindi Teacher on 25th September 1995 in Khanditiri High School, Khanditiri, Dhenkanal. He continued as such till 9th October 2010 when the institution was a recognized un- aided educational institution. On 9th November 2010, Opposite Party No.5 tendered his resignation on certain allegations against him regarding fraudulent signatures of the Head Master made by him in the annual HSC examination in respect of eight candidates. According to Opposite Party No.5 such resignation tendered by him was under coercion of local villagers and the same was never accepted validly by the authority of the school, i.e. the Managing Committee. However, the school was run without any Hindi Teacher with effect from 9th November 2010 and against the vacancy of Opposite Party No.5 the Petitioner got appointed on 21st September 2012. 4. In the meantime, Opposite Party No.5 approached this Court twice in W.P.(C) Nos. 17498 of 2012 and 13985 of 2016. As per the order passed by this Court in W.P.(C) No.13985 of 2016, Opposite Party No.5 was permitted to make a fresh appeal before the Regional Director and accordingly he made his appeal against the alleged resignation/termination on 9th November 2010. The Regional Director finally allowed the appeal vide the impugned order under Annexure-18 and since the Petitioner was appointed in the meantime in the vacancy against Opposite Party No.5, she challenges the reinstatement of Opposite Party No.5 in service. 5. According to Ms.Mohapatra, learned counsel for the Petitioner, Opposite Party No.5 committed fraud in annual HSC W.P.(C) No. 11309 of 2018 Page 2 of 6 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 15:49:26 examination which was caught red handed and therefore an FIR was lodged before the police station as per the direction of higher authorities, i.e. Board of Secondary Education. The act of fraud committed by Opposite Party No.5 was serious to such extent that he interfered with impartial conduct of annual secondary examination conducted by the Board and therefore, in order to get saved from criminal action O.P. No.5 tendered his resignation immediately. This resignation of O.P. No.5 was validly accepted by the general body meeting of the villagers since there was no managing committee of the school at that time. Moreover, the Opposite Party No.5 never did come to school after 9th November 2010 and approached this Court falsely stating that he was compelled to resign. The appeal which was preferred by Opposite Party No.5 was behind back of the Petitioner, where Opposite Party No.5 has taken all such false pleas resulting the appeal allowed in his favour to reinstate him in service and ultimately affecting the right of the Petitioner who was appointed in the vacancy validly. It is further submitted by Ms.Mohapatra that the Regional Director has failed to appreciate the fraud committed by Opposite Party No.5 in his action and therefore, the impugned order of reinstatement passed by him is liable to be quashed. 6. The Managing Committee did not come to contest before this Court. The Board of Secondary Education though appeared but did not file their counter and it is submitted by Mr. Rao, learned counsel for Opposite Party No.6 that since no relief is prayed against them, filing of counter affidavit by the Board of Secondary Education is not necessary. W.P.(C) No. 11309 of 2018 Page 3 of 6 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 15:49:26 7. Opposite Party No.5 has contested the case by filing a detailed counter and reiterating his stand taken before the Director that the alleged resignation tendered by him is not a valid one, for the reason, first, it is given under coercion and secondly, not accepted validly by the authority. 8. The alleged resignation letter of Opposite Party No.5 under Annexure-11 has been undoubtedly signed by Opposite Party No.5. Opposite Party No.5 never disputes his signature and tendering of the same. What he submits is that said resignation letter was taken from him forcefully under coercion by the local villagers and this is his repeated stand taken before the Appellate Authority. It is true that on 9th November 2010 or on 2nd December 2010, there was no managing committee functioning in the school. The Odisha Education (Establishment, Recognition and Management of Private High School), Rules, 1991 prescribes no remedy for the vacuum period after expiry of the term of existing managing committee and till constitution of new managing committee. Section 7(6) of the Odisha Education Act stipulates that the authority may allow the expiring managing committee to continue as such till constitution of a new managing committee or appoint any person in place of managing committee to exercise the powers and functions of the managing committee during the intervening period. In the instant case, neither the previous managing committee nor any other person on behalf of the managing committee was authorized to discharge the functions of managing committee. As W.P.(C) No. 11309 of 2018 Page 4 of 6 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 15:49:26 per the record, new managing committee came into existence with effect from 16th July 2012. 9. The issue involved here, as stated earlier, that whether the alleged resignation tendered by Opposite Party No.5 was voluntary one or not. When Opposite Party No.5 alleges that he was coerced by local villagers to tender his resignation, the same is found substantiated from the fact that such resignation was accepted in the village committee of the local villagers instead of placing the same either in the erstwhile managing committee or the higher authority. Nonetheless, the new managing committee approved and accepted the resignation of Opposite Party No.5 in their meeting on 26th July 2012. But by then the Petitioner has already approached this Court alleging that he was coerced to submit his resignation by the villagers. It is seen that the alleged resignation of the Petitioner dated 9th November 2010 was admittedly never placed before the concerned authority i.e. the Inspector of Schools (now called as District Education Officer), who happens to be the immediate authority concerning the recognized un-aided schools. In addition to the same the fact of coercion as alleged by Opposite Party No.5 is found substantiated from resolution of the villagers dated 2nd December 2010 where the villagers acquiring the authority of managing committee have accepted the resignation of Opposite Party No.5. 10. It needs to be mentioned here that so far as the allegations of commission of fraud is made against Opposite Party No.5 and lodging of alleged FIR against him is concerned, the same are not found facts on record since it is categorically stated under Annnexure- W.P.(C) No. 11309 of 2018 Page 5 of 6 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 15:49:26 16 by the local Sub-Divisional Police Officer that no such FIR alleging fraud, if any, committed by Opposite Party No.5 has been presented before police. Neither the Petitioner nor Opposite Party No.6 nor Opposite Party No.4, would be able to produce any material on record to show that the information as per Annexure-15 was ever submitted to the police or the same was registered by police. 11. The Regional Director has concluded in the impugned order that the allegations made against the Petitioner have not been proved nor any disciplinary action has been taken against the Petitioner for the same. This Court agrees with the findings of the Regional Director that the resignation tendered by Opposite Party No.5 is involuntary and given under coercion, and the conclusion arrived by him in the impugned order that in absence of any action taken against Opposite Party No.5 for the alleged act of fraud or misconduct, his resignation/termination from his service is bad in eye of law. Such observations and findings of Regional Director cannot be said as illegal or not in conformity with law. Accordingly, this Court does not find any merit to interfere with the impugned order under Annexure-18. 12.
Decision
The writ petition is dismissed. Judge (B.P. Routray) Sangram Das, Sr.Steno W.P.(C) No. 11309 of 2018 Page 6 of 6