SRIJANGA GRAMAPANCHAYAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present appeal has been filed challenging correctness of the judgment of the learned Single Judge dated 28.06.2011 passed under Annexure -4 by which respondent No.5, the Secretary of the appellant -Grama Panchayat was permitted to appear before the office of the Grama Panchayat and submit his joining report and the appellant was directed to accept the said joining report failing which the same would be construed to be contempt of this Court urging various facts and legal contentions.

(2.) FACT of the case leading to filing of the present Writ Appeal is that respondent No.5, while working as Secretary, Srijanga Grama Panchayat in the district of Balasore was removed from his service vide letter No.17 dated 18.09.2002 by the appellant. Against his removal, respondent No.5 preferred W.P.(C) No.3952 of 2002. Vide order dated 18.09.2002, in the interim application filed along with W.P.(C) No.3952 of 2002, this Court directed stay operation of order of removal. While the stay order was in force, another termination order was issued by the Grama Panchayat vide letter dated 05.04.2006 terminating the services of respondent No.5 on some other grounds. The petitioner -respondent No.5 was involved in a criminal case and ultimately acquitted in G.R. Case No.433 of 2002. The District Panchayat Officer, Balasore directed the Sarapanch to allow the petitioner -respondent No.5 to perform his duty as Secretary of the Grama Panchayat for ends of justice. The Sarpanch was further informed for drawal and disbursement of salary of respondent No.5 at his end. Since the petitioner -respondent No.5 was not allowed to perform his duties as Secretary of the Grama Panchayat by Sarapanch he approached this Court vide W.P.(C) No.11141 of 2010. Learned Single Judge after hearing both parties and taking into consideration the writ petition and the counter affidavit filed by the Sarapanch allowed the writ petition with the above direction. Hence, the present writ appeal.

(3.) MR .H.S.Mishra, learned counsel appearing on behalf of the appellant -Grama Panchayat submits that pursuant to the interim order dated 18.09.2002 passed in W.P.(C) No.3952 of 2002 even though respondent No.5 was directed to join the post, but he did not do so. He remained absent unauthorizedly for quite some period. Because of his unauthorized absence, the Grama Panchayat passed a resolution to initiate proceedings under law and issued notice dated 22.08.2003 to show cause for his long unauthorized absence for nine months. Respondent No.5 filed his reply to the show cause and abused the Sarapanch saying that he is half mad person. The show cause filed by respondent No.5 was not found satisfactory. In spite of several letters when respondent No.5 did not join the post to perform his duties, he was suspended vide Resolution dated 13.09.2003 in terms of Section 214(a) of the Orissa Grama Panchayat Rules. Hence, his services were terminated vide order dated 26.11.2005. Respondent No.5 was asked to receive his salary from 01.10.2001 to 16.09.2002 and the suspension allowance from 13.09.2003 to 31.03.2004.