BISHNUPRIYA MOHAPATRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The petitioner, who was working as Principal-in-Charge of Naba Choudhuri Mahavidyalaya, Kendudhipi in the district of Nayagarh has filed this application seeking to quash the order of suspension dated 01.06.2013 passed by opposite party no.3-SubCollector-cum-President, Governing Body of the aforesaid College in connection with her detention in custody for more than 24 hours vide Sarankul P.S. Case No.74/2013 dated 04.05.2013 under Section 341/294/506 IPC and 3(i) of SC/ST (PA) Act as per the provisions contained in CCA Rule 12(2) of 1962. She further seeks for a direction to allow her to work as Principal-in-Charge of the College in question in view of the direction of the Government.

(2.) The short facts of the case in hand is that Naba Choudhuri Mahavidyalaya, Kendudhipi in the district of Nayagarh was established in the year 1990 after due recognition/approval of the Government of Odisha, Department of Higher Education. The petitioner was appointed as Lecturer in Odia against the first post in the said College vide Office Order No.11 dated 25.05.1990. While she was so continuing, the Governing Body of the said College allowed her to discharge her duty as Principal-in-Charge of the College which was duly approved by the Director of Higher Education vide Office Order No.2G-444-2011-49907 dated 04.11.2011 as she was the Senior most approved teaching staff and consequentially she took the charge of Principal-in-Charge-cum-Secretary of the College in question and discharged the duty assigned to her. The College in question received Grant-in-Aid by way of Block Grant from the State Government as per G.I.A. Order, 2008 pursuant to notification No.29273/HE dated 16.08.2011 and Govt. Letter No.29279/HE dated 16.08.2011. After due verification with regard to the status and liability notified by the State Government, 40% Block Grant was accorded in favour of seven numbers of Teaching and five numbers of Non-teaching staffs of the college in question. While the petitioner was so continuing as Principal-in-Charge, an unapproved employee of the said college lodged an FIR before the OIC, Darpanarayan Outpost on 04.05.2013 on the allegation of commission of offence under Sections 341/294/506 IPC read with Section 3(i)(x) of the S.C/S.T.(P.A.) Act which was registered as Sarankul P.S. Case No.74(2) dated 04.05.2013 corresponding to G.R. Case No.406/2013. The petitioner was arrested by the Investigating Officer on 10.05.2013 and was produced before the learned S.D.J.M., Nayagarh and thereafter she was remanded to jail custody on rejection of her bail petition. She was released on bail by the learned Sessions Judge, Nayagarh on 05.06.2013. As she was detained in the custody for more than 24 hours in a criminal case vide Annexure-1, opposite party no.3 who is the President of the Governing Body of the said College issued an order of suspension to the petitioner as per CCA Rules 12(2) of 1962 on 01.06.2013. Challenging the said order of suspension, the petitioner has approached this Court by filing this writ petition on the ground that 12 (2) of OCS (CCA) Rules 1962 is not applicable to the employees of an Aided Educational Institution, rather the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Education Institutions) Rules, 1974 (in short hereinafter referred to as 1974 Rules) is applicable to her case.

(3.) Mr. R. Acharya, learned counsel for the petitioner strenuously urged that the impugned order of suspension under Annexure-1 dated 01.06.2013 passed under Rule-12(2) of C.C.A. Rule, 1962 is not applicable to the petitioner as she is not a civil servant but is an employee of Aided Educational Institution which has obtained 40% Block Grant w.e.f. 16.08.2011. As per the provisions of Rule-20 of the 1974 Rules, the Director of Higher Education is the disciplinary authority to take a decision in respect of administrative affairs of the college and may also impose penalty as specified in the said Rules. According to Rule-21 of the 1974 Rules, the order of suspension should have been approved within 30 days from the date of issuance of the said order and in fact, the approval to the suspension order of the petitioner has been made by the Director of Higher Education on 09.07.2013 which is after 30 days of the order of suspension, as such the order of suspension is not maintainable. To substantiate his case, learned counsel for the petitioner has relied upon the case of Adikanda Jena and another v. State of Orissa and others,1990 1 OrissaLR 234 and Nabakishore Mohapatra v. Stae of Orissa and Ors (O.J.C.) No.4017/1997 disposed of on 05.02.1997).