LAWS(ORI)-2023-6-70

AJAY KUMAR BEJ Vs. STATE OF ODISHA

Decided On June 26, 2023
Ajay Kumar Bej Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Mr. Tripathy, learned advocate appears on behalf of petitioner and submits, appeal under Sec. 32(2) of Odisha Hindu Religious Endowments Act, 1951, preferred by his client against the order of punishment was rejected. His client was not given opportunity to answer the allegations. Order of removal dtd. 10/3/2011 was made by the Collector in summary manner. Subsequently, on the same day, allegation of complaint against his client was taken cognizance. His client had moved this Court and there was direction for de novo enquiry. In seeking the de novo enquiry, his client submitted joining report but the matter regarding whether or not he should join resulted in his client's removal from office, as confirmed in the appeal. He submits, purported inventory was made in his client's absence. Report of the inventory was not given to his client. As such, his client was prevented from placing his case against the allegations.

(2.) Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and Mr. Nath, learned advocate, for the Commissioner. Mr. Mohanty, learned advocate appears on behalf of opposite party nos.5 and 6.

(3.) Before proceeding further including calling for response from appearing opposite parties, petitioner's attention is drawn to order dtd. 28/12/2013 passed by the Collector and District Magistrate. In it stands stated what was found in the inventory made on 22/3/2011. Mr. Tripathy submits, on that basis his client will file additional affidavit. He wants ten days' time.