EXECUTIVE OFFICER-CUM-TAHSILDAR Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) This writ application is directed against an order of the Commissioner of Endowments confirming an appellate order of fine Assistant Commissioner of Endowments made under Section 32 (2) of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the 'Act').

(2.) Opposite Party No. 3 Bata Krushna Mohanty was appointed by the Commissioner of Endowments as the Debottar Manager of the Debottar Department at Daspalla. The Executive Officer of Daspalla started a disciplinary proceeding against opposite party No. 3 on charges of misconduct and misappropriation of Debotar funds and by his order dated 4-2-81 inflicted the penalty of removal from service. Aggrieved by this order opposite party No. 3 preferred an appeal under Section 32(2) of the Act which was allowed by the Assistant Commissioner of Endowments (opposite party No. 2). The order of removal from service was set aside and O. P. No. 3 was directed to be reinstated in service with the benefit of back wages. O. P. No. 2 came to hold that the order of the Executive Officer imposing the penalty was without jurisdiction. The petitioner preferred a revisional application before the Commissioner of Endowments who by his order dated 7-9-1981 confirmed the order of opp. party No. 2. It is urged in this writ application that the petitioner being an Executive Officer was competent to take disciplinary action against opp. party No. 3 under Section 32 with Section 56 (2) of the Act.

(3.) The Commissioner of Endowments (O. P. No. 1) filed counter contending, into alia, that the temples situated at Daspalla are separate public religious institutions and before the merger of the ex-State of Daspalla with the State of Orissa the temples were managed by the Debottar Department of the Ruler. After merger, the religious institutions of Daspalla were taken over by the Government of Orissa and are managed under direct control of the Endowment Department as per the provisions of Chap. VII of the Act. The Sub-Deputy Collector of Daspalla was appointed as an Executive Officer of the Daspalla Dabottar by the Commissioner of Endowments to manage the day to day affairs of the institutions; but the specific powers and duties which will be exercised and performed by him have not been defined by the Commissioner as required under Section 53 (b) of the Act. In the year 1969, it was felt necessary to appoint a whole-time Debottar Manager for overall management of the properties of all the institutions of Daspalla Debottar since the Executive Officer being the Tahasildar of Daspalla had multiferious duties and could not pay adequate attention to Debottar affairs and accordingly the Government of Orissa in the Law Department were moved by the Commissioner of Endowments for creation of the post of Debottar Manager and the Government agreed to the creation of the post by their letter dated 23rd Aug., 1969. The Debottar Manager is not an officer-holder or servant attached to any particular religious institution and he does cot receive any remuneration from the funds of any particular institution but from the general establishment funds of the Daspalla Debottar which also includes subsidy grant sanctioned by the State Government. The Executive Officer not being the employer of O. P. No. 3 was not competent to start a disciplinary proceeding against him and to inflict any penalty. Endowment Commissioner being the appointing authority of the Debottar Manager can only start a disciplinary proceeding against him. Section 32 of the Act is not appliable to the persons appointed by the Commissioner for discharging the duties in respect of the entire debottar and is applicable only to office-holders and servants of any particular institution who are appointed and controlled by the trustee under Section 32 of the Act.