PITAMBAR MOHAPATRA Vs. NILAMBAR SAHU

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution praying for the issue of a writ of certiorari to cancel the order dated 19. 5. 1966 passed by opposite party No. 1, and for the issue of a writ of mandamus directing opposite parties 1 and 2 to take back the petitioner into service and order payment of all back wages from 20. 5. 1966 till his readmission into service.

(2.) THE petitioner was previously employed as a Foreman in the Production-cum-Training Centre, Soro, in the district of Balasore which was under the administrative control of the Director of Industries. That centre was abolished with effect from the 30ib September, 1964. On the very same day, the petitioner was appointed on a purely temporary basis as a Foreman under the the Soro Carpentry Industry Co-operative Society Limited. Annexure 'a' dated 30. 9. 1964 which is the order of appointment states that the appointment of the petitioner was purely temporary and was liable to be terminated at any time without any notice. On 19. 5. 1966, the petitioner was relieved from the institution in accordance with the order Annexure 'b' which may be quoted: Office of the Panchayat Industries Officer. Soro. Order No. 570 dated 19. 5. 1966 As desired by the General Manager, the Orissa Small Industries Corporation, Sri Pitambar Mohapatra, Foreman of the Soro Carpentry Unit is relieved from the duties with effect from 19. 5. 1966 afternoon. He is directed to report to the Regional Manager (West) at Jeypore for duties at Tiruvelly in Koraput district. Sd/- Illegible 19. 5. 1966 Panchayat Industries Officer, Soro (Balasore)

(3.) AFTER his relief, the petitioner submitted an application to the General Manager, Orissa Small Industries Corporation, stating therein that the latter had no authority or jurisdiction to order his transfer to Tiruvelly and requesting him to withdraw any order or direction he might have issued to the Soro Carpentry Industry Co-operative Society, Limited. Annexure 'c is his petition. la reply to this, the General Manager of the Orissa Small Industries Corporation Limited informed the petitioner by his letter Annexure 'd' dated 18th June, 1966 that the petitioner's was not a case of transfer from Soro to Tiruvelly, but that, as the post which the petitioner was holding at Soro had been retrenched, it was to help him and rehabilitate him that a post was offered to him at Tiruvelly and that if he did not wish to join that post within 10 days, the order would be withdrawn. Enclosing a copy of the letter Annexure 'd', the petitioner submitted an application Annexure 'e' to the President of the Soro Carpentry Industry Co-operative Society Limited requesting him to reinstate him in his old post. That having not been complied with, be has tiled the present writ application alleging inter alia that his removal from the post which he was holding at Soro was not bona fide and was actuated by malice on the part of the then Managing Director of the Unit.