JAYADEV PADHI Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) IN this writ petition, petitioner has challenged the order dated 13.11.2003 vide Memo No. 6371 (Annexure -9) passed by the Managing Director, Orissa Agro Industries Corporation Limited, Bhubaneswar terminating the petitioner from service with effect from 1.11.2003 and the order No. 9187 dated 11.2.2004 passed by the Chairman which has been communicated by the Managing Director of the Corporation.

(2.) CASE of the petitioner that while he was functioning as Electrical Supervisor under the opposite party No. 2, a memo of charge was served upon him alleging therein allegation of unauthorized absence of certain period. After framing of charge the petitioner was directed to appear before the Enquiry Officer, petitioner had appeared before the Enquiry Officer and given his defence reply by stating that the unauthorized absence was not willful rather the absence was beyond control of the petitioner, to substantiate his stand, he has made application along with medical certificates. The petitioner has further submitted reply regarding other part of alleged unauthorized absence by stating that these periods have been sanctioned except the period from 2.4.97 to 31.8.97 and 11.8.98 to 15.9.98 and continuing as on today. The Enquiry Officer has submitted its final report proving charge of unauthorized absence against the petitioner, forwarded the same to the disciplinary authority.

(3.) DISCIPLINARY authority has passed order of termination from service on 13.11.2003(Annexure -9).