KSHNAPRAVA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition, the petitioner has made prayer to quash order of removal of petitioner from service under Annexure -7 of the opposite party no.5, Handicapped Welfare Institute, Balasore (for short, 'the Institute). Opposite parties 1 to 4 represent State of Orissa in the Women & Child Development Department.

(2.) THE Institute has been constituted to run and manage a composite institution for handicapped children. It receives grant -in -aid from the State Government for the school for mentally retired persons. Petitioners case is that opposite party no.5 being an aided educational institution is governed under the provisions of Orissa Education Act,1969 (for short, 'the Act) and the Rules framed thereunder. By order under Annexure -1 petitioner was appointed as a Teacher, subsequently designated as Special Educator, with effect from 25.4.1988. Initially she was paid consolidated salary of Rs.500/ - which was enhanced to Rs.1400/ - per month after receipt of grant -in -aid. It has been specifically alleged that as the management of the Institute neglected in performing duties for achieving the purpose of the Institute, petitioner and some other staff made representations including representation under Annexure -2 to Government authorities to bring irregularities to the notice of the Government which is represented in the governing body for which management of the Institute bore grudge against the petitioner. Frivolous notices to show cause were issued to harass the petitioner and some other staff. It is alleged that on 28.7.2005 the petitioner was prevented entry into the Institute and on 29.7.2005 she was handed over with a copy of Annexure -7. It is specifically averred that order of removal was passed without following the procedure prescribed under the Act and Rules framed thereunder. She was never apprised of any proceeding against her and she was not given any opportunity of being heard before order of removal was passed. It has also been averred that provision under section 10A of the Act which requires prior approval of competent authority in order to remove a staff from service has not been complied with. Therefore, order of removal has been assailed to be illegal, arbitrary, malafide and violative of principles of natural justice.

(3.) IN the counter affidavit filed by the Institute it has been averred that the Institute is a Society registered under the Societies Registration Act for the purpose of welfare and well being of the handicapped persons for whom it manages three schools, i.e., School for Mentally Retarded Children, School for Blind and School for Deaf partly with Government grant -in -aid and partly by collecting donations from public. The meagre Government grant at the rate of Rs.500/ - per boarder per month is not sufficient for which the General Body Members donate in shape of kind to meet the deficiency. Even the grant does not cover the remuneration of cooks, attendants etc. which the management of the Institute bears. It has been alleged that as some of the teaching staff including the writ petitioner created indiscipline and did not discharge their duties for the benefit of the handicapped children, disciplinary actions were taken against them. Therefore, they became hostile towards the Institute. It has been specifically averred that the teaching and non -teaching staff, who get their remuneration from Government grant, are paid through cheques. The writ petitioner was prevented from entry into the school as she was removed from service w.e.f. 22.7.2005. Removal order under Annexure -7 was sent to the writ petitioner through a Security Guard on 23.7.2005 for service. But when the notice was tendered to the writ petitioner in the class room, she adamantly refused to receive it. The Security Guard accordingly submitted report under Annexure -5/B -1. It has further been pleaded that the charges against the petitioner were approved in the Executive Committee Meeting on 28.6.2004 and 18.10.2004, and sent to the writ petitioner on 22.11.2004 through Sweeper -Cum -Chowkidar of the Institute for service. However, the writ petitioner snatched away both the charge -sheets and tried to assault the Sweeper -Cum -Chowkidar whose report is annexed to the counter affidavit as Annexure -5/C. When the Secretary of the Institute subsequently asked the writ petitioner to submit explanation to the charges, she adamantly refused to receive any paper or to submit any explanation to the charges. She never submitted any explanation to the charges. The matter was elaborately discussed in the Executive Committee Meeting on 12.4.2005 and it was decided to afford the petitioner with an opportunity of being heard in person and accordingly she was asked to appear in the next Executive Committee Meeting scheduled to be held on 22.7.2005. Copy of the letter under Annexure -5/D for personal hearing sent for service through a lady Security Guard was not received by the petitioner. In this connection, the lady Security Guard submitted a report under Annexure -5/E. In spite of opportunity being given to the petitioner, she did not appear for personal hearing before the Executive Committee Meeting on 22.7.2005. In such circumstances, after thread bare discussion of the charges, decision was taken for removal of the petitioner from service. Thus, the Institute followed due procedure before the order of removal was passed. It has also been pleaded that the Institute does not receive grant -in -aid under the provisions of Orissa Education Act, 1969 or Rules made thereunder. The Institute is solely governed by the Rules Governing Grant -In -Aid to Institutions Imparting Education to Handicapped Children, 1985, which has no nexus with the Orissa Education Act and Rules framed thereunder. The Institute is not a recognized and aided educational institution. Procedure adopted by the Institute for the disciplinary proceeding against the petitioner before her removal was within the ambit of power of the Institute.