GEETANJALI DEVI Vs. STATE OF ORISSA

JUDGEMENT

(1.) 9.7.2012 - Heard Mr. Mohanty, learned counsel for the appellant and Mr. R.K. Mohapatra, learned Government Advocate for the State.

(2.) THE appellant has filed this writ appeal challenging the order dated 15.7.2011 passed in W.P.(C) No. 8936 and 9421 of 2010 confirming the order dated 4.5.2010 passed by the appellate authority, i.e., Collector, who has upheld the order dated 6.1.2010 passed by the Sub -Collector, urging various legal contentions.

(3.) PERUSAL of the impugned order with reference to the grounds urged in the memorandum of appeal, it reveals that the Collector extracting the observations made by the Sub -Collector in his order dated 6.1.2010 with regard to the certain allegations which constitute an act of misconduct, uphold the order of disengagement passed by the Sub -Collector without affording a fair and reasonable opportunity of hearing to the appellant. The Sub -Collector has observed that due opportunity was given to the appellant to file any documentary evidence in support of the charges levelled against her and as she neither filed any documentary evidence nor explained anything on the charges levelled against her, it is construed that the charges levelled against her are proved which finding and reason assigned by the Sub -Collector is accepted by the Collector without applying his mind to the facts of the case. That apart the undisputed fact is that while passing the order of disengagement, principle of natural justice has not been complied with.