SRI JYOTI PRASAD ROY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Even though the case was listed to date for admission, on consent and request of learned Counsel for both sides, the matter was taken up for final disposal and the following order is passed.

(2.) As per the case of Petitioner, he is the Secretary of Ghodasana Grama Panchayat under Naugaon Block of Jagatsinghpur District. He was kept behind the bar from 11.4.2007 to 21.10.2007 on some false allegations. On being released on bail on 22.10.2007 he gave his joining report to the Sarpanch, Ghodasana (opp. party No. 5) but he did not accept it. Then he reported the matter to the District Panchayat Officer, who directed the Sarpanch to accept the joining report of the Petitioner under Annexure-2, but it did not yield any result. Again, on being moved the B.D.O., Naugaon wrote to the Sarpanch on 26.2.2008 to accept the joining report of the Petitioner but in vain. Ultimately the matter was brought to the notice of Collector, Jagatsinghpur, who directed the sarpanch to accept the joining report of the Petitioner under Annexure-4, but it also fell flat. Finding no other alternative the Petitioner filed the present writ petition.

(3.) Learned Counsel for the Petitioner submits that the Petitioner had applied for leave for the period 11.4.2007 to 21.10.2007. Admittedly, no show cause notice was issued to the Petitioner to explain his absence for the said period. So, the refusal of Sarpanch to accept the joining report of the Petitioner is illegal per se.