The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24237 of 2021 Sujata Kar …. Petitioner Mr. J.K. Mishra (2), Advocate State of Orissa and others -versus- …. Opposite Parties Mr. P. Bharadwaj, ASC for O.P. Nos.1, 3 & 4 Mr. Sishir Sundar Mohanty, Advocate for O.P. No.2 CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 05.07.2024 Order No. 05. This matter is taken up through Hybrid Mode. 2. Assailing an order dated 02.08.2021 passed by the Block Development Officer, Baliapal (B.D.O), whereby the deployment of the petitioner as Bank Mitra at Jamkunda Branch of UCO Bank has been cancelled, the petitioner has approached this Court by way of filing this writ petition under Article 226/227 of the Constitution of India and prayed for following relief(s):- “The petitioner therefore most respectfully prays that your Lordship’s may graciously be pleased to admit the writ petition and issue Rule NISI to opp. Parties to show cause as to why the impugned order dated 2.8.2021 vide Annexure-7 shall not be quashed. And on their failing to show cause or showing insufficient cause make the rule absolute and this Hon’ble Court issue a writ of Certiorari by quashing the impugned order dated 2.8.2021 vide Annexure-7 and further this Hon’ble Court may declare that the B.D.O., Baliapala her no jurisdiction on Bank Mitra post. Page 1 of 6 And pass such order (s), direction(s) as deemed fit and proper to the facts and circumstances of the case and allow the case with cost. And for this act of kindness the petitioner shall as in duty bound, ever pray.” 3. The petitioner submitted that the Jamkunda Gram Panchayat (G.P.), consists of 19 Wards, comprising of 12 Regional Groups and each Regional Groups consists of 5 to 15 Self Help Groups. 3.1. As per orders of Collector, Balasore, an agreement was entered into between the B.D.O., Baliapal with the Jamkunda G.P. Mahila Mahasanga with regard to engagement of Community Resource Person (CRP), Master Book Keeper (MBK) and Bank Mitra for smooth functioning of Grama Panchayat Level Federation (G.P.L.F.). 3.2. The opposite party no.5-Secretary, Jamkunda G.P. Mahila Mahasanga published a notice for engagement of CRP, MBK and Bank Mitra, responding to which, the petitioner applied for the said post. The G.P. Level Committee having conducted an interview for the said posts, selected the petitioner to function as Bank Mitra. The opposite party no.5 issued a letter bearing no.15 dated 05.01.2020 in favour of the petitioner intimating her (petitioner) engagement as Bank Mitra and he also issued letter of even date addressing Bank Manager of Jamkunda Branch of UCO Bank for engagement of the petitioner as Bank Mitra 3.3. The B.D.O., Baliapal has also issued letter bearing No.1099 dated 09.04.2021 addressing the Project Director, DRDA, Balasore mentioned that the petitioner, selected as Bank Mitra, has been deployed to work in Jamkunda Branch of UCO Bank under Page 2 of 6 Jamkunda G.P. But vide letter dated 02.08.2021, the B.D.O. has stated to have cancelled the deployment of the petitioner. 4.
Legal Reasoning
Mr. J.K. Mishra (2), learned counsel for the petitioner submitted that the documents enclosed at Annexure-5 series are testimony to the fact that the petitioner has been paid her monthly dues till July 2021. 4.1. He submitted that by issuing letter No.2264 dated 02.08.2021 (Annexure-7), the B.D.O., Baliapal has intimated Branch Manager, UCO Bank as follows:- “In inviting a kind reference to the subject & letter cited above, I am to inform you that the Bankmitra only Sujata Kar deployed at your Branch vide letter no.1099 dated 09.04.2021 is hereby cancelled”. 4.2. He strenuously contended that the engagement of the petitioner as Bank Mitra being made pursuant to decision taken by the G.P. Mahila Mahasangha and the Secretary of Jamkunda G.P. Mahasangha having communicated the engagement letter, the B.D.O., Baliapal has no jurisdiction or authority to cancel the deployment of the petitioner as Bank Mitra at Jamkunda Branch of UCO Bank. 5. Mr. Sishir Sundar Mohanty, learned counsel for the opposite party no.2-Orissa Livelihood Mission affirmed that the counsel for the petitioner is correct in submitting that the B.D.O., Baliapal had no authority to cancel the deployment of the petitioner. He further submitted that the Jamkunda G.P. Mahila Mahasangha is the competent authority to engage the petitioner to work as Bank Mitra. Therefore, the cancellation letter dated 02.08.2021 under Annexure- Page 3 of 6 7 as issued by the B.D.O., Baliapal is illegal and untenable in the eye of law. 6. Mr. Pusparaj Bharadwaj, learned Additional Standing Counsel submitted that though the opposite parties have not filed their counter affidavit, the B.D.O., Baliapal has furnished para-wise comments. He has placed on record a photocopy of said para-wise comment for taking the same on record. 7. In the aforesaid para-wise comments, the B.D.O. has admitted that the petitioner has been selected as Bank Mitra and the GPLF has intimated the Manager, UCO Bank, Jamkunda in this regard and paid dues to the petitioner from April 2021 to July 2021. It is worthwhile to quote the following paragraphs of the said para- wise comments:- “10. It is a fact that BDO is not the appointing authority of CRP, MBK and Bank Mitra. 11. It is a fact the BDO is not the appointing authority of CRP, MBK and Bank Mitra but on administrative point of view on receipt of field enquiry report of DPC, Mission Shankti/DPM, OLM the BDO has issued withdrawal letter from the Bank. 12. On receipt of enquiry report from the DPM, OLM and DPC Mission Shakti on a grievance petition filed by one Suman Prava Parida of viII. Kalarui under Jamkunda GP, the BDO, Baliapal has withdrawn the from UCO Bank, engagement of Jamkunda.” the petitioner 7.1. It is manifest from aforesaid para-wise comments that the B.D.O. is not the appointing authority for engagement of Bank Mitra. However, it is revealed that the B.D.O. has taken action against the petitioner on the basis of an enquiry report being Page 4 of 6 received after conducting enquiry on a grievance petition filed by a villager of Jamkunda G.P. He has admitted that the letter of cancellation of deployment of the petitioner as Bank Mitra has been issued to the Bank by letter dated 02.08.2021. 7.2. Nothing could be placed on record by learned counsel for the opposite parties to the effect that before taking action against the petitioner by cancelling her deployment, the principles of natural justice has been followed. 7.3. As it revealed from the para-wise comments of the B.D.O., Baliapal that he has taken such action based on an enquiry report, which is collected behind the back of the petitioner. It is trite that an untested material cannot be utilised to the detriment of a person. Without following minimum requirement of the principles of natural justice, viz., audi alteram partem, the letter cancelling the deployment cannot sustain judicial scrutiny. 7.4. Learned Counsels appearing for the parties have conceded that the B.D.O., Baliapal has no authority to cancel the deployment of the petitioner to work as Bank Mitra in Jamkunda Branch of UCO Bank, inasmuch as the petitioner was engaged as Bank Mitra, after conduct of due process of selection by the Jamkunda Gram Panchayat Mahila Mahasangha. 7.5. In view of above narrated scenario, there is no option left for this Court but to nullify the effect of letter No.2264 dated 02.08.2021 issued by the Block Development Officer, Baliapal under Annexure-7 cancelling the deployment of the petitioner as Bank Mitra in the Jamkunda Branch of UCO Bank. Page 5 of 6 7.6. Needless to observe that, the petitioner is entitled to all consequential effect of this order. 8. With the aforesaid observation and direction, the writ
Decision
petition stands disposed of. Laxmikant (M.S. Raman) Judge Signature Not Verified Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-Jul-2024 18:03:05 Page 6 of 6