BHAGIRATHI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order impugned in this case in Annexure -16 wherein the petitioner has been issued a show -cause notice by the Head - master -cum -Secretary of the Orissa Police High School, Cuttack where he is employed as an Upper Division Clerk under suspension as to why he should not be removed from service for failing to comply with the conditions imposed in the suspension order of attending the school every day and putting his attendance before the Headmaster. The petitioner was appointed in the school as an L. D. Clerk and gradually was promoted as an Upper Division Clerk when he was suspended on 18 -7 -1986. He was reinstated on 20 -3 -1989 but was again suspended on 14 -8 -1990, vide Annexure -4 to the writ petition. In that order, the condition of daily attendance before the Headmaster was put. On 12 -10 -1930 the direction was reiterated by a communication from the Secretary of the Managing Committee of the school that he had failed to report before the Headmaster and put his attendance every day although it was so ordered in Annexure -4 and that he was again directed to report before the Headmaster and put his attendance regularly failing which disciplinary action would be taken against him. A reply was submitted, vide Annexure -11, by the petitioner that since the date of his suspension he had been regularly attending the school except the days on which he had attended the Courts in relation to criminal cases. The Secretary of the school called upon him by Setter dated 24 -12 - 1990 to produce the summons or the orders of the Criminal Courts to which the petitioner submitted a reply on 31 -12 -1990 that he had never remained absent from duty unauthorisedly and that he was on bail and had to attend the Courts as an accused. He stated that he had attended the school till 27 -8 -1990 regularly but that on 28 -8 -1990 the present Headmaster, opp. patty No. 4, advised him not to sign the attendance register as it was meant for regular staff and did not allow him to sign. Annexure -4 is a communication to the petitioner from opp. party No. 4 on 12 -11 -1992 to explain as to why suitable action against him would not be taken as he had failed to sign attendance register before the Headmaster every day. The petitioner submitted the very same reply as per Aunexure -15 that he had been roped in criminal cases and as he had to attend the Courts on different dates, he was not able to attend the school every day. After the Setter of the petitioner, the impugned order Annexure -16 has been issued to him.

(2.) MR . Misra, learned counsel for the petitioner, urges the conditions imposed in the order of suspension and the subsequent initiation of disciplinary proceeding against the petitioner to be unwarranted stating that such a condition in the order of suspension was devoid of any reason, was one without any object to be achieved and being wholly arbitrary, is liable is be struck down. It is his further submission that the disciplinary proceeding is consequent upon imposition of the condition in the order of suspension and it must there - fore be quashed.

(3.) FOR appreciating the submissions raised on either side, the relevant portion of the order of suspension is necessary to be extracted : 'It is also ordered that his Hdqr is fixed at Orissa Police High School, Tulasipur, Cuttack under the direct supervision of Headmaster, Orissa Police High School, Cuttack. He will put his attendance before the Headmaster, Orissa Police High School, Cuttack evey day. He will get usual S. A. and D. A. during the period of suspension.'