SATYANARAYAN PRADHAN Vs. CHANCELLOR, SAMBALPUR UNIVERSITY

JUDGEMENT

(1.) The petitioner, who was working as a Lecturer in P.G. Department of Earth Science of Sambalpur University, has filed this petition to quash the order dated 31.8.2000 (Annexure-21) passed by the disciplinary authority imposing punishment of dismissal from service and confirmation thereof by the appellate authority vide order dated 19.12.2000, Annexure-23.

(2.) The factual matrix of the case in hand is that the petitioner entered into service as a Lecturer in Earth Science, P.G. Department of Sambalpur University with effect from April, 1987. Pursuant to a news item published in Oriya dailies dated 10.6.1998 and 11.6.1998 relating to an ugly incident that took place on 19.5.1998 at University Guest House, the Registrar of the University directed the Officer-in-Charge of the Guest House to conduct an inquiry and submit his report. As a consequence thereof, the Officerin-charge of the Guest House called for a report from the Manager of the Guest House and submitted the same to the Registrar of the University. Thereafter, the Revenue Divisional Commissioner (Northern Division), Sambalpur and the Vice- Chancellor of the University directed for a detailed inquiry relating to the incident by one Mr.P.Patra, A.D.M-cum-Administrative Officer, VSS Medical College, Burla. During inquiry, statements of 13 persons were recorded on solemn affirmation and 32 documents were exhibited. Pursuant to the inquiry report, proceedings were initiated against the petitioner and also three others, namely, Udit Kumar Panigrahi, Technician of Sambalpur University, Chittaranjan Tripathy, Manager of the Guest House and S.C.Paramguru, Khansama of University Guest House, Sambalpur and the following charges were framed against the petitioner vide Annexure-12 dated 23.7.1998.

(3.) The petitioner was called upon to explain as to why he should not be suitably punished under Chapter XIV, Part VI of the Orissa University First Statutes, 1990 read with Orissa Civil Services (Classification, Control & Appeal) Rules, 1962, in short, "1962 Rules" within 30 days, failing which action as deemed proper would be taken against him presuming that he had nothing to explain. A memorandum of charge along with statement of allegations was served on the petitioner to which he submitted his explanation, vide Annexure-13 dated 13.07.1998. In his explanation, the petitioner had taken categorical stand that he was not supplied copies of the statements of 13 persons examined as witnesses or the documents referred to in the so-called inquiry report of Sri Patra, A.D.M-cumAdministrative Officer, VSS Medical College, Burla and, therefore, due to non-compliance with the principles of natural justice, the proceeding itself was vitiated. Even though the petitioner made a demand for supply of copies of documents including statements of 13 persons examined by Sri P.Patra, the same went unheeded. In the inquiry four persons were examined as witnesses, namely, Tribikram Mishra, Officer-in-charge of the Guest House as P.W.1, Sunanda Mohanty, Lecturer of B.Ed. College, Sambalpur, as P.W.2, Chakradhar Biswal, Lecturer of B.Ed. College, Sambalpur as P.W.3, and one Purusottam Patra as P.W.4, who were no way connected with the alleged incident. However, P.W.1, Tribikram Mishra being the Officer in-charge of the Guest House examined as a witness, who was neither present in the Guest House at the relevant point of time nor was he in any way connected with the occurrence alleged. On the basis of such perfunctory inquiry, the disciplinary authority finding the petitioner guilty of the charges, imposed a major penalty of dismissal from service on the petitioner vide order dated 31.8.2000 in Annexure-21. The appellate authority confirmed such order passed by the disciplinary authority vide Annexure-23. Hence, the present writ petition.