SURENDRA MAHANTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner was appointed as a Lecturer in Odia on 15/7/1991 in Government Higher Secondary School, Ukhunda (hereinafter referred to as College). His appointment was approved by the director of Secondary Education by order dtd. 11/7/2011. After such approval, the Deputy Director (NCG-II) allowed the petitioner to work as Principal in charge of the College as approved by order of the Director of Higher Education dtd. 22/8/2011. As per the said order, the Sub-Collector, Champua is the President of the Governing Body of the institution. The term of the then Governing Body having expired, the petitioner as Secretary, sent recommendation for approval of the Governing Body on 23/7/2018. No action was taken on such recommendation. While the matter stood thus, all on a sudden, the opposite party No. 3 posing as the self-styled President of the Governing Body, passed a resolution on 29/8/2018 placing the petitioner under suspension on several vague, concocted and frivolous allegations. It is stated that the petitioner's office was put under lock and key with the assistance of some of the staff of the College while the petitioner was busy in college work. On 30/8/2018, some of the staff members of the college put lock and key in the chamber of the Principal, while he had gone to attend a conference at Balasore. When the petitioner came to know of the same, he lodged an FIR on 31/8/2018. The police also lodged FIR against the local people for blocking the road under various Sec. of the Penal Code, 1860. Again on 31/8/2018, the opposite party No. 3 illegally and forcibly convened a meeting of the Governing Body and placed the petitioner under suspension by making several false and frivolous allegations. It is stated that the opposite party No. 3 has no jurisdiction to act as President of the Governing Body and in suspending the petitioner as also by directing him to handover charges of his office to one Bhaskar Chandra Majhi, Lecturer in History to remain in charge of the principal of the College even though he is not the next senior to the petitioner. The Director (Opposite Party No. 2), being influenced by opposite party No. 3 approved the proposal to keep Bhaskar Chandra Majhi as principal in charge of the college by order dtd. 10/9/2018. The Joint Director, Directorate of HSE, Odisha by letter dtd. 12/9/2018 approved the order of suspension pursuant to the order of opposite party No. 3 dtd. 10/9/2018 without application of mind. It is further stated that the resolution by the so-called president of the Governing Body and the order of suspension are illegal, arbitrary and contrary to the provision under Sec. 21 of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institution) Rules, 1974 (for short, 1974 Rules). It is stated that the illegal order of suspension passed on 10/9/2018 was approved on 12/9/2018 because of influence of the opposite party No. 3 who is an MLA of the ruling party. It is further stated that no prima facie case has been established against the petitioner nor any investigation conducted with regard to the allegations levelled against him before placing him under suspension. It is therefore stated that the entire action is actuated with malafides and arbitrariness. As such the petitioner has been out of office since 29/8/2018.

(2.) Despite repeated opportunities no counter was filed by the opposite parties. However learned State counsel preferred to make oral arguments based on records.

(3.) Heard Mr. A.K. Mohanty, learned counsel for the petitioner and Mr. R.N. Acharya, learned Standing Counsel for the School and Mass Education Department.