ABHIMANYU MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, after facing due process of selection was engaged as Contract Teacher (P.E.T.) as per order dtd. 30/5/2012 passed by the District Education Officer, Dhenkanal (opposite party no.3) and joined as such on 8/6/2012. Such engagement being on contractual basis, the petitioner executed an agreement renewable from year to year. As such, the petitioner completed six years of satisfactory service w.e.f. 8/6/2018. It is stated that as per the Odisha Group "C" and Group "D" posts (contractual appointment) Rules, 2013 (in short "Rules, 2013"), the petitioner is deemed to have been regularized upon completion of six years of satisfactory service. By letters dtd. 17/12/2019 and 24/10/2019 of the Director, Secondary Education, Odisha, the name of the petitioner finds place in the list of similarly placed Contract Teachers who are to be regularized in service. While the matter stood thus, the opposite party no.3 issued an office order on 27/12/2019 disengaging the petitioner from service on the ground that he had remained in jail custody for more than 48 hours having been arrested in connection with a criminal case relating to murder of his wife. Such order, according to the petitioner, was passed without following the due procedure prescribed in the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 ( in short "OCS(CCA) Rules, 1962") or without adhering to the principles of natural justice. It is specifically claimed that neither any show cause notice nor any charge sheet was served upon him prior to passing of the impugned order. It is further stated that as per Rule 12 of the OCS (CCA) Rules, 1962, the petitioner could at best have been placed under suspension for being in custody for more than 48 hours. Thus, challenging the impugned order, the petitioner has approached this Court claiming the following relief:

(2.) A counter affidavit has been filed on behalf of the opposite parties, wherein the basic facts relating to engagement of the petitioner and his disengagement etc. have been admitted. It is also admitted that the Government have taken a decision to regularize 449 Contractual Teachers including the petitioner as per Govt. Letter No.5801/SME dtd. 13/3/2021 communicated by the Director, Secondary Education vide memo no. 10342 dtd. 1/5/2020. However, since the petitioner had already been disengaged from service on the ground of misconduct w.e.f. 27/12/2019, the Director, Secondary Education instructed not to issue regularization order in his favour. It is further stated that upon report of information from the concerned Police Station regarding involvement of the petitioner in the criminal case, a show cause notice was issued vide letter dtd. 22/8/2019 calling upon him to submit written statement of defence within seven days which was sent by registered post as well as through the Headmaster of the concerned High School, but the postal department could not serve the letter as he was absent/had absconded from home. The Headmaster also reported that the petitioner was unauthorizedly absent from School from 17/8/2019. It is also stated that the petitioner was disengaged on the ground of gross misconduct as he was involved in a criminal case, which is as per the terms and conditions laid down in the agreement executed by him.

(3.) The petitioner has filed a rejoinder refuting the averments made in the counter affidavit. It is stated that the petitioner acquired the status of regular employee by operation of law. Moreover, mere involvement in a criminal case cannot be treated as misconduct and at best he could have been placed under suspension as per the provisions under Rule-12 of the OCS (CCA) Rules, 1962. It is also stated that the petitioner was under treatment for his illness and thereafter was taken to custody. An additional affidavit has been filed by the petitioner to bring on record the fact that during pendency of the writ application he was acquitted in the criminal case as per judgment and order dtd. 26/11/2021 passed by learned Additional Sessions Judge, Kamakhyanagar.