SMT. SRADHABATI PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition involves a very ticklish and important point. The petitioner, who holds a substantive post of Lecturer in Home Science and was kept in charge of Principal of Pattamundai Women's College, Pattamundai in the district of Kendrapara, has approached this Court with a prayer to direct opposite party No. 2, Director of Higher Education, Orissa, not to appoint opposite party No. 4, Mrs. Nirupama Bal, Lecturer in History of the said college as Principal and for further direction to set aside the order dated 29.12.2009 (Annexure-9) passed by the Director, Higher Education.

(2.) The petitioner assails the aforesaid order under Annexure-9 on several grounds. The most important and forceful being that the Director, Higher Education, Orissa two days before his retirement had passed the order that too without following the principles of audi alteram partem and without affording an opportunity of hearing to the petitioner and others.

(3.) To appreciate the inter-se disputes, it would be prudent to have a bird's eye view to the facts of the.case :-