BIJAY KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who belonged to Socially Economically Backward Class (SEBC) category and was an applicant under the Unreserved (UR) category for the post of Pharmacist, has filed this writ petition seeking to quash the order dtd. 8/5/2014 passed in O.A. No. 1267 of 2012 under Annexure-7, by which the Orissa Administrative Tribunal, Bhubaneswar has directed the opposite parties to take action on the inquiry report dtd. 3/8/2013 of Dr. Deepak Kumar Prusty, Addl. Director of Health Services (PMS&R)-cum-Enquiring Officer under Annexure-5 within a period of two months.

(2.) The factual matrix of the case, in brief, is that pursuant to advertisement for filling up of the post of Pharmacist, a guidelines was issued vide Annexure-1 to the writ petition for contractual appointment to the paramedical posts under Chief District Medical Officer, Khordha, according to which, five posts of Pharmacists were to be filled up, out of which one post was meant for Scheduled Tribe (ST) and other four were meant for UR category. It was also provided in the said guidelines that the candidates must have passed diploma in Pharmacy and have registered their names in the Odisha Pharmacy Council; the age limit of the candidates should be as per the State Government norms; the salary for the said post would be Rs.5200.00 per month; and the selection would be made according to the merit in the D. Pharma examination. In pursuance of such guidelines, even though the petitioner applied against four UR category posts, he was selected under UR (PH) category post.

(3.) Mr. M.K. Mohanty, learned counsel for the petitioner contended that in the enquiry, which was conducted by Dr. Deepak Kumar Prusty, Addl. Director of Health Services (PMS&R)-cum-Enquiring Officer, no opportunity of hearing was given to the petitioner and, as such, the consequential direction issued by the tribunal also cannot sustain in the eye of law. It is thus contended that the enquiry report submitted by the Enquiring Officer under Annexure-5 dtd. 3/8/2013 and consequential order dtd. 8/5/2014 passed by the tribunal in O.A. No.1267 of 2012 should be quashed.