SUDHIR KUMAR ROUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner seeks to challenge the order dtd. 23/1/2025 passed by Sub-Collector, Jajpur-cum-President, Governing Body of Abhimanyu Samant Singhar (Degree) College, Balia (herein after, the College), whereby he was placed under suspension pending drawl of disciplinary proceeding against him for negligence in Government duty as also for abscondance.

(2.) Shorn of unnecessary details, the facts of the case are that the Petitioner was appointed as a Lecturer in History by the Governing Body of the College on 22/4/1992 and joined as such on 27/4/1992. The appointment of the Petitioner was approved by the Government. The College was bifurcated into +2 and +3 wings pursuant to order dtd.8/4/2016 passed by this Court in W.P.(C) No.22530/2012. The Petitioner, being the senior-most teaching staff was approved as Principal-in-charge of the College by order dtd. 12/1/2017 of the Director of Higher Education. Again on 2/8/2019, the Petitioner was approved as Principal-in-charge-cum-Secretary of the Degree College in supersession of the earlier order. On 23/12/2024, the State Government issued a Notification exercising power under Sec. 7(6) of the Odisha Education Act, 1969, inter alia, dissolving the Governing bodies of all Non-Government Aided Degree Colleges and directing the Sub-Collector of the Sub-Division concerned to temporarily act as President of the Governing Body until further orders. In the meantime, a complaint was lodged by a girl student of the College alleging misbehavior by a Lecturer. An F.I.R. being filed also against the Petitioner, he appeared before the concerned Court and was released on bail. The Sub-Collector however, passed the impugned order on 23/1/2025 placing him under suspension. It is stated that such order is entirely without jurisdiction as the Sub-Collector, in view of the settled position of law, cannot take any disciplinary action against an employee of the College, a power available only to the Governing Body as per Rule 21 of the Odisha Education (Recruitment and conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (for short '1974 Rules'). The Sub-Collector cannot function as the disciplinary authority in the absence of the Governing Body. Citing the above facts, the Petitioner has approached this Court with the following prayer;

(3.) Counter affidavit has been filed on behalf of the State-Opp. Party No.1. It is stated that the incident arising out of the complaint lodged by a +3 final year girl student came to the knowledge of the Opp.Party No.1 to the effect that she had been molested by one Bidyadhar Dhal, Lecturer of the said College, and the Petitioner being the Principal had protected said Bidyadhar Dhal. As such, an F.I.R. was lodged by the victim before Ramachandrapur Police Station. Having regard to the above facts, the Special Secretary of the Department requested the Regional Director of Education to cause an inquiry. An inquiry was conducted following the procedure laid down under The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal Act) 2013. In the said inquiry, it was ascertained that the victim was sexually harassed on 6/1/2025 during conduct of Physics practical examination by Bidyadhar Dhal, a Lecturer. Though the matter was intimated to the Principal i.e. the present Petitioner over phone, the victim could not meet him but he instructed another faculty member to mediate and settle the issue by approaching the victim with assurance of grant of good marks in the ensuing semester examination. The Petitioner also asked the faculty member to prevent the victim from lodging any police complaint against the accused Lecturer. The victim however did not accept such request for which the Petitioner did not allow her to appear in the examination on 15/1/2025. She therefore wrote the examination under police protection. The matter having gained adverse publicity in the print and social media, the petitioner remained on leave from 18/1/2025 on the ground of his wife's illness. It thus came to light that the Petitioner, instead of working for the interest of girl students acted in assistance of the accused lecturer and tried to suppress the matter by not taking any action against him. Moreover, the victim was not given any opportunity of hearing, rather she was threatened and allured not to report the matter to the authority. The inquiry committee therefore, suggested to draw proceeding against the Petitioner for taking exemplary action against him. Under such circumstances, the Sub-Collector, who was appointed temporarily to work as President of the Government Body, vide Notification dtd. 23/12/2024 issued the impugned order suspending the Petitioner from duty. It is further stated that the Sub-Collector has the authority to take disciplinary action under Rule 21 of the 1974 Rules. The order of suspension was an administrative step to contain the growing law and order situation.