GANESH KUMAR NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, in the present Writ Petition, questions the correctness of the order dtd. 19/9/2013 passed by the Director, Secondary Education, Odisha in Appeal No.12/2005 preferred by the present Opposite Party No.5. As per the impugned order the said appeal was allowed with direction to the Managing Committee of the School to reinstate the appellant-Opposite Party No.5 in her former post with all benefits.

(2.) The facts of the case, briefly stated, are that Bhanjabhumi Girls' High School at Kalama, Betanoti in the district of Mayurbhanj was established in the year 1992 and recognition was accorded for the Session 1993-94. As per resolution dtd. 10/8/1992 of the Managing Committee, one Janakimani Behera (Opposite Party No.5) was appointed as Teacher and in-charge Headmaster of the School. She joined as such on 12/8/1992. On 10/10/2004 a show cause notice was issued to her for certain irregularities committed in maintenance of School accounts and misappropriation of funds. She submitted her reply on 3/11/2004. Another show cause notice was issued on 7/3/2005. The Managing Committee placed her under suspension w.e.f. 29/4/2005. She was asked to appear before the Managing Committee on 30/4/2005 to explain why she should not be terminated from service. Ultimately on 20/6/2005, the Managing Committee terminated her services w.e.f. 27/5/2005. She preferred the aforementioned appeal before the Director Secondary Education. By order dtd. 19/9/2013, enclosed as Annexure-7, the appeal was allowed as already stated herein before. In the mean time, by a resolution dtd. 10/9/2007, the Petitioner was appointed as Asst. Teacher pursuant to Resolution dtd. 8/9/2007. It is stated that the impugned order is bad in law as the Petitioner was not impleaded as party in the appeal and was thus deprived of an opportunity to put forth his contentions.

(3.) The stand of the State-Opposite Parties is that the Petitioner was illegally appointed against the vacancy created due to illegal termination of Opposite Party No.5 when the matter was pending adjudication before the Director, Secondary Education.