The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 30303 of 2024 Prabasini Panda State of Odisha & Ors - Versus - .… Petitioner Represented by
Legal Reasoning
Mr. D.N.Rath, Advocate .… Opp. Parties Represented by Mr. S.N. Patnaik, Addl. Government Advocate CORAM: JUSTICE SASHIKANTA MISHRA
Decision
ORDER 11.03.2025 Order No. 02. . 1. This matter is taken up through hybrid mode. 2. Heard Mr. D.N.Rath, learned counsel for the petitioner and Mr. S.N.Pattnaik, learned AGA for the State. 3. The petitioner has approached this Court seeking the following relief; “Under the above circumstances, it is therefore humbly prayed that this Hon’ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the Opposite Parties, more particularly the opposite party no.1 to take necessary steps for release of the salary in favour of the petitioner as mentioned under Annexure-22 to the writ petition within a stipulated period. And this Hon’ble Court be also further pleased to direct the Opposite Party No.1 to fix up a neutral place and fix the time for handing over and taking over the charge as indicated in Annexure-22 to the writ petition. And this Hon’ble Court be further pleased to direct the Opposite party No.1 to conduct the special audit as indicated in the order under Annexure-22 of the writ petition conclude the same within a stipulated period by providing opportunity of hearing to the petitioner. And this Hon’ble Court be pleased to pass any further order/order or direction/directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case. Page 1 of 4 And for this act of kindness, as in duty bound, the petitioner shall ever pray”. 4. The petitioner was working as a lecturer in Odia having been appointed on 31.02.1994 in Dadhibamanjew +3 Mahavidyalaya, Bahadajhola, in the district of Nayagarh. Said institution is an Aided Educational Institution within the meaning of Section 3(b) of the Odisha Education Act. There is no dispute with regard to appointment and approval of the petitioner as a teaching staff of the institution. While working as such, the petitioner, in course of time, disengaged duties as Principal in charge. Subsequently, by order dated 27.02.2022, the President of the Governing body removed the petitioner as Principal-in-Charge and directed handing over charge to one Ashok Kumar Sahoo, Lecturer in Economics. This gave rise to a dispute whereby, the petitioner despite retiring on attaining the age of superannuation, was not paid her salary for the months of February to June 2023. 5. After much hearing, an affidavit was filed by the Special Secretary, Higher Education Department before this Court on 03.03.2025 stating the subsequent developments that have taken place relating to the petitioner. It is inter alia stated that by order dated 23.07.2024, the Commissioner-cum-Secretary of the Higher Education Department took the following decision ; Xx xx xx xx xx NOW THEREFORE, After hearing of the opinion of all connected parties, the following decisions are taken for amicable solution of the fiscal problems. • The pay of Prabasini Panda may be drawn for the period from February,2023 to June 2023 • Out of the drawn Salary, Rs,1,34,000/- only may be deposited in a F.D. till the alleged misappropriation is being audited either through the Special Audit or any audit agency as deemed/engaged proper by the Government • The differential amount over and above Rs.1,34,000/- may be credited into the account of the petitioner. • After completion of audit enquiry as assigned, the fate of the deposited Page 2 of 4 amount may be decided on the basis of recommendation by audit. • The ADM. Nayagarh-cum-Special Officer of the college may ensure a neutral/suitable place preferably at revenue 1.B. or some similar place for charge hand over and take over. This order is passed in compliance to the Order dated 15.04.2024 passed in W.P.(C) N15372 of 2023. Initiate all concerned accordingly Commissioner-Cum-Secretary to Government” 6. It is stated at the bar that in the meantime, pursuant to such order the petitioner had handed over charge to the person designated by the Managing Committee on 03.03.2025. In so far as the salary for the months of April, May and June 2023 is concerned, the same has not yet been credited to her account. In paragraph 9 of the affidavit, it is stated as follows; “That, in the meantime, the above said amount of Rs.217360/- has been released towards payment of Grant-in-Aid as per provisions of Grant-in-Aid Order, 2023 to Smt. Prabasini Panda, Ex-Principal of the Dadhibaman Jew +3 Mohavidyalaya, Bahadajhola, Dist.-Nayagarh for the months from April 2023 to June 2023 vide Government letter No.11623/HE dtd.01.03.2025 and the Principal of the college has been requested vide Memo No.11626 dtd.01.03.2025 to take appropriate action in regard to ensuring payment of the amount in favour of the petitioner. The copy of letter No.11623/HE dtd.01.03.2025 is annexed as Annexure-D/1 for kind perusal.” Thus, necessary steps appear to have been taken for release of the salary of the petitioner. 7. In so far as the decision to keep a sum of Rs. 1,34, 400/- towards the salary for the months of February, March 2023 as fixed deposit in favour of the Principal-cum- Secretary of the College is concerned, this Court is of the view that there being no finding as to the guilt of the petitioner regarding misappropriation, the decision to withhold the amount and to keep the same in fixed deposit cannot be countenanced in law. Moreover, from the order of the Commissioner, it appears that till date, no audit has been conducted. Therefore, withholding of the amount on the ground of holding audit in future, would be speculative in nature. In view of the stand taken by the State in its aforementioned affidavit, nothing further remains to be decided in the writ application. 8. The writ application is therefore, disposed of directing the Page 3 of 4 Opposite Party authorities to immediately release the salary already sanctioned for the months of April, May and June 2023 as also to release the salary for the months of February and March 2023 amounting to Rs. 1,43,020/- less the amount disbursed in favour of the petitioner out of the same. Such disbursement shall however, be subject to any finding that may be arrived at in any duly constituted audit in future. It is however, made clear that a decision regard holding of audit/special audit shall be taken at the earliest and in any case, the audit should be held and completed within a period of 4 months from today. Deepak (Sashikanta Mishra) Judge Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 13-Mar-2025 16:43:01 Page 4 of 4