DEBASHISH SWAIN Vs. PRINCIPAL SECRETARY, GOVERNMENT OF ODISHA

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner, who is working as Managing Director of Odisha State Seeds Corporation Ltd., Bhubaneswar challenging the notification dated 27.8.2013 under Annexure-7 issued by the Government of Odisha in Agriculture Department repatriating the petitioner to Odisha University of Agriculture and Technology. The brief facts of the case are that the petitioner has joined as Assistant Professor in Odisha University of Agriculture and Technology (hereinafter referred to as 'OUAT') w.e.f. 11.7.1994 and thereafter as Associate Professor on 30.9.2009. It was decided by the Central Government as well as all State Governments that the Chief Executive Officers/Managing Directors of any Public Sector Undertaking of Central Government or State Government is to be appointed through open advertisement for better competition for getting suitable candidate to manage the Public Sector Undertakings in their modem skill of management. By this process, long practice of allowing bureaucrats i.e. either State Level Officer or All India Level Officer can be avoided and the new talents can make their efforts to bring Public Sector Undertakings as profit making organization. In pursuance of the aforesaid decision, the Government of Odisha in Public Enterprise Department has selected number of Chief Executives of different Public Sectors like; OPTCL, OHPC, CESU, OICC, IDCO, IPCOL etc. during the last four to five years. An advertisement was issued by the Public Enterprise Department of Government of Odisha to fill up the post of Managing Director of Odisha State Seeds Corporation Ltd., Bhubaneswar. The petitioner applied for the said post and was selected through selection process i.e. a Selection Board consists of Chief Secretary of Odisha as Chairman, Principal Secretary of Government of Odisha, Public Enterprise Department, Principal Secretary of Agriculture as Member and two outsider experts having experience in the practical field. Thereafter, opposite party No. 2 issued a notification on 20.1.2012 under Annexure-1 stating that on recommendation of the Public Enterprise Selection Board, Government of Odisha have been pleased to appoint the petitioner as Managing Director of Odisha State Seeds Corporation Ltd. On 17.3.2012 the Government of Odisha/Agriculture Department has issued another notification under Annexure-2 stating that in supersession of the earlier notification dated 20.1.2012 the petitioner is hereby posted as Managing Director of Odisha State Seeds Corporation Ltd., Bhubaneswar on deputation on foreign service terms and conditions for a period of three years. While the petitioner was continuing as such, on 20.11.2012 opposite party No. 2 issued a notice to the petitioner under Annexure-3 to show cause as to why suitable action should not be taken against him for his serious omission/misconduct in supply of certified seeds for Rabi Season 2012-13. On receipt of the said notice, the petitioner submitted his reply on 23.11.2012 under Annexure-4 stating that the target of seed supply plan to distribute 201416.86 quintals during Rabi Season 2012-13 starting from 1.10.2012 but the supply plan was received by the Corporation on 28.9.2012 i.e. only four days to effect seeds supply. The petitioner has also stated in his reply that the approval of the cost of seed including procurement cost, sale price was received on 30.10.2012 i.e. after a lot of persuasion by the petitioner. The opposite party No. 2 has to approve the cost and late price approval was stood on the way of timely supply of available stock. Hence, receipt of approved cost structure at a very belated stage resulted in not only delayed procurement of seeds from outside State agencies but also supply of seeds to the PACS/Dealers for sale to the farmers. While the petitioner was on leave due to his illness, the Government of Odisha in Agriculture Department issued the impugned notification on 27.8.2013 under Annexure-7 stating that the petitioner is repatriated to OUAT and opposite party No. 4, who was working as Joint Director Agriculture (Information) is posted in place of the petitioner in addition to his own duties till a regular substitute is selected and posted.

(2.) A counter-affidavit has been filed by opposite party No. 2 inter alia taking the stand that after completion of one year deputation granted by OUAT to the petitioner vide order dated 22.3.2012 under Annexure-A/2 for adequate reasons and expiry of the deputation period, the parent department of the petitioner withdrew the deputation and requested the Principal Secretary of Agriculture Department to relieve the petitioner vide order dated 30.3.2013 under Annexure-B/2 to enable him to join in his former post at Chipilima as the service of the petitioner was felt essential to OUAT and basing on such request the impugned order dated 27.8.2013 under Annexure-7 was passed.

(3.) Opposite party No. 4 has also filed a counter affidavit stating therein that during his incumbency the petitioner has neglected and not acted upon the decision of the Government and miserably failed in his duty in supplying seeds for Rabi Season 2012-13. That apart the petitioner has not taken any disciplinary 'action against the erring officer, who was responsible for non-supply of seeds to the fanners despite the direction of the Government. It is further stated that the petitioner is a deputationist and the parent department of the petitioner has also requested the Corporation to relieve him from the post on the ground that the service of the petitioner is highly essential.