UDAYANATH BEHERA Vs. COMMISSIONER OF ENDOWMENT

JUDGEMENT

(1.) Mr. Mishra, learned advocate appears on behalf of petitioner and submits, impugned order dtd. 27/10/2021, made by the Commissioner directing his client to hand over charge of moveable and immovable properties of the institution to the Interim Trustee within one month since he is no more continuing as Executive Officer on 5/8/2008 is under challenge. He draws attention to his client's additional affidavit dtd. 15/1/2023, wherein stands disclosed, inter alia, order dtd. 19/12/1992 of the Commissioner appointing his client as Executive Officer of the institution. On query from Court he submits, the appointment was made under sec. 52 of Odisha Hindu Religious Endowments Act, 1951 and term was for one year.

(2.) He submits, his client's appointment was thereafter extended to continue until further orders by order dtd. 11/9/1998. While such appointment was continuing, the Commissioner issued advertisement for appointment of Executive Officer. His client challenged the same. By order dtd. 5/8/2005 in W.P.(C) no.3333 of 2005, the notice was set aside. He relies on, inter alia, paragraph-6 of the order made by coordinate Bench. The paragraph is reproduced below.

(3.) Ms. Naidu, learned advocate appears on behalf of the Commissioner. She draws attention to impugned order. She points out, it was made on the fact of petitioner's appointment extended on order dtd. 5/8/2006, by two years. Petitioner's term of appointment expired on 5/8/2008, as was found by the Commissioner. No further extension was given to him. In the circumstances, he was said to be continuing to work without any valid appointment order. In addition, there were allegations against him. Hence, petitioner was directed to hand over charge within one month since he is no more continuing as Executive Officer from 5/8/2008.