SAROJ KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner seeks to assail the order dated 28.7.2008 (Annexure-11) passed by the Deputy Director, NGC-II suspending him from service in exercise of the powers conferred upon him under Sub-rule (1) of Rule 21 of the Orissa Education (Recruitment and Conditions of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, in short, "1974 Rules" contemplating initiation of a proceeding, mainly on the ground that the said order not only suffers from lack of jurisdiction but also is otherwise unjust, illegal and contrary to law.

(2.) To understand the inter se disputes, it would be prudent to refer to state the case of the petitioner.

(3.) In the year 2007 certain allegations were levelled against the petitioner with regard to the irregularities and financial embezzlement. He was called upon to show cause. The Governing Body of the College in its meeting held on 19.10.2007 came to the conclusion that the petitioner had neither committed any irregularities nor had suppressed any fact during his tenure of service and took a resolution to that effect on 19.10.2007 vide Annexure-7. While the matter stood thus, a report was received from the office of the Lokpal calling upon the petitioner to explain certain allegations levelled against the petitioner. After receipt of the notice, petitioner submitted his show cause. It is alleged that without affording any opportunity of hearing and without observing the principles of audi alteram partem, the Lokpal passed certain orders on 28.12.2007. After receipt of the report, it is alleged, the Director by order dated 28.7.2008 (Annexure-11) suspended the petitioner. The said order, as stated earlier, is assailed in this writ petition.