The High Court · 2025
Case Details
Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2025 11:19:22 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4739 of 2017 (In the matter of an application under Articles 226 and 227 of the Constitution of India) Padmini Pathi …. -versus- Chairman, Executive Committee, OPEPA-cum-Chief Secretary, Odisha, Bhubaneswar and others …. Advocate(s) appeared in this case:- Petitioner Opposite Parties For Petitioner
Legal Reasoning
: Mr. S.K. Acharya, Advocate For Opposite Parties : Mr. T.K. Dash, A.G.A. Mr. P. Pani, Advocate for O.P. Nos.1 & 3 CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 4th August 2025 B.P. Routray, J. 1. Heard Mr. S.K. Acharya, learned Advocate for the Petitioner, Mr. T.K. Dash, learned Additional Government Advocate for the State- Opposite Party No.2 and Mr. P. Pani, learned counsel on behalf of Mr. P.K. Mohanty, learned Senior Advocate for Opposite Parties 1 & 3. 2. The Petitioner was engaged on contractual basis as Coordinator, Girls Education, ECCE & Community Mobilisation (Gender Coordinator) in the District Project Office, SSA/DPEP, Malkangiri W.P.(C) No.4739 of 2017 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2025 11:19:22 vide order dated 21.8.2004. But on the administrative ground, she was directed to join the District Project Office of Koraput and accordingly she discharged her duties as such in the District Project Office (DPO), Koraput. 3. On 28.4.2014, one girl student, namely, Sumitra Khora took admission to Kasturba Gandhi Balika Vidyalaya (in short, “KGBV”), Pujariput, Koraput in Class-VIII and stayed in the girls’ hostel. A girl student is allowed to leave the hostel with proper authorization as and when required. On 24.1.2015, said Sumitra Khora gave birth to a child which became a sensational news item and then the matter was directed to be enquired by the Collector, Koraput. The Collector accordingly submitted her enquiry report dated 10.3.2015 with following recommendations. “Recommendations 1. Disciplinary Proceeding must be initiated against the Headmaster who is under suspension now. 2. DPC, SSA, Koraput has been directed to terminate the services of the Warden Smt. Ranu Behera following due procedure. 3. Extremely stringent disciplinary measures must be taken against the Gender Coordinator Smt. Padmini Pathy for suppressing the matter and lying subsequently.” 4. In the meantime, the Petitioner was served with a show-cause notice to submit her reply regarding lapses in her duty in the matter of giving birth of a child by said Sumitra Khora, a minor girl and student of Pujariput KGBV. The Petitioner submitted her show-cause reply on 9.3.2015 (Annexure-4) denying her pre-knowledge of pregnancy of the girl student, namely, Sumitra Khora and denying lapse of duty on her W.P.(C) No.4739 of 2017 Page 2 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2025 11:19:22 part in that respect. Subsequently, based on the recommendation submitted by the Collector, Koraput in her enquiry report dated 10.3.2015, the Petitioner was terminated from her service vide order dated 19.3.2015 (Annexure-9) by the State Project Director, Odisha Primary Education Programme Authority (“OPEPA”). This is the
Decision
subject matter of challenge in the writ petition. 5. It is submitted on behalf of the Petitioner that, no lapse on the part of the Petitioner has been proved on record and she being the in- charge of fourteen KGBV along with other job assignments, any laches on her part cannot be fixed for giving birth of a child by a minor girl student. It is further submitted that though the show-cause notice was regarding giving birth of a child by the minor girl student, but in the termination order several other impunities have been described against the Petitioner without giving her any chance of hearing in that respect. 6. Mr. P. Pani, learned counsel for the OPEPA (Opposite Parties 1 & 3) submits on the other hand that the activities of the Petitioner was not satisfactory for various reasons and she also committed certain financial irregularities as reflected in the order of her termination. Taking the activities of the Petitioner as a whole including the issue of giving birth of a child by the minor girl student and considering the overall performance and negligence of duty by the Petitioner, her service was bound to be terminated. 7. Opposite Party No.3 has filed an affidavit dated 29.4.2025 appending the order of the authority showing the job assignment of the W.P.(C) No.4739 of 2017 Page 3 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2025 11:19:22 Petitioner. It is mentioned at Serial No.6 of said Office Order under Annexure-A/3 that the Petitioner was assigned with following jobs. “1. K.G.B.V. 2. NPEGEL/MCS 3. She will make regular visits to all KGBV Schools and MCS centres to provide necessary support. 4. She should prepare a data-base of KGBV Boarders and make necessary updation time to time.” 8. A thorough perusal of aforesaid work assignment of the Petitioner do not specifically make her responsible for any specific measure to be taken by her with regard to untime pregnancy of any girl student. It is not disputed that the Petitioner was in-charge of fourteen KGBV to look after several works by making necessary visit to each KGBV. What is reflected in the impugned order of termination that she being the Gender Coordinator has suppressed the matter of pregnancy of the minor girl student, who is an inmate of the hostel, is not found established on record through proper material. The show-cause notice do not point to such fact, but it appears that accepting the report of the Collector, Koraput dated 10.3.2015 blindly, this order of termination has been effected without considering her specific job assignment. The termination order has though reveal other mis-conduct on the part of the Petitioner at Serial No.3 & 5 regarding violation of admission procedure for admission of the girl student, Sumitra Khora and commission of financial irregularities in procurement of solar lights, the same were never been taken as a matter of consideration earlier to establish the mis-conduct of the Petitioner in that respect nor was she given any opportunity of hearing in that respect. When the show-cause notice dated 8.3.2015 (Annexuer-3) was specific to the effect regarding W.P.(C) No.4739 of 2017 Page 4 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2025 11:19:22 giving birth of a child by a minor girl student, addition of other aspects in the order of termination is seen unfair on the part of the employer. 9. One more fact needs to be established here that the show-cause notice dated 8.3.2015 (Annexure-3) was issued by the Collector, Koraput whereas she was not the employer of the Petitioner. It is seen that no show-cause notice giving an opportunity of hearing to the Petitioner was issued by the employer to the Petitioner to explain her irregularities, if any, in discharging the duty by her. On this score only, the order of termination is liable to be set aside. 10. In the result, the termination order of the Petitioner dated 19.3.2015 under Annexure-9 is set aside and the authorities are directed to reinstate the Petitioner with immediate effect upon receipt of certified copy of this order. 11. The writ petition is accordingly allowed. (B.P. Routray) Judge B.K. Barik/Secretary W.P.(C) No.4739 of 2017 Page 5 of 5