AKSHAYA KUMAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This review petition has been filed by the petitioner with a prayer to review/modify the judgment dated 5.3.1999 passed by this Court in O.J.C. No. 5157/94 by quashing the order of termination dated 15.5.1993 and allowing the petitioner to be reinstated in service.

(2.) The background facts of the case are that the review-petitioner while serving while serving as Lecturer in Logic and Philosophy in Devaraya Nayapalli College, his services were terminated on 15.5.1993. Being dissatisfied with the order of termination, the review-petitioner had filed appeal before the Director, Higher Education, Orissa. The petitioner challenging the said order of termination also approached this Court in O.J.C. No. 4958/93. The said writ petition was disposed of on 23.8.93 with direction to the Director, Higher Education to dispose of the appeal of the petitioner pending before him. On 22.3.94, the Director, Higher Education dismissed the appeal of the petitioner upholding the order of termination. The petitioner challenged the order of the Director, Higher Education before this Court in O.J.C. No. 5157 of 1994. This Court vide order dated 5.3.1999 dismissed the writ petition by upholding the order of the Director. This review petition has been filed for review of the said order.

(3.) Mr. Kalyan Patnaik, learned counsel appearing on behalf of the review - petitioner vehemently argued that this Court by its judgment dated 05.03.1999 has confirmed the order of the appellate authority on a wrong presumption that the order of termination passed against the petitioner was passed by a legally constituted Governing Body of the College. He further argued that the order of termination so passed by the alleged Governing Body and communicated by its Secretary one Shri Bhagyadhar Jagadev is without jurisdiction. No resolution was ever passed selecting Shri Jagadev to be the Secretary of the so-called Governing Body. In support of such contention, Mr. Patnaik relied upon copies of the order No. 31406 dated 12.6.89 (Annexure-5), order No. 37673 dated 7.7.89 (Annexure-6), the judgment dated 13.5.91 passed by this Court in O.J.C. No. 1372/90 (Annexure-7), the report of the Additional Director (Annexure-8), the order dated 7.10.93 (Annexure-9), the judgment dated 4.7.2003 passed by this Court in O.J.C. No. 4581/ 91 with a batch of cases (Annexure-10) and the judgment passed in Title Suit No.119/96 dated 29.4.2004 (Annexure-11 ). He submitted that as the above documents were not available with the petitioner, the same could not be placed before the Hon'ble Court at the time of argument.