RUDHIR KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) O.J.C. No.2903/2000 has,.been filed by Rudhir Kumar Behera challenging the order dated 18.3.2000 of the Collector, Kandhamal cancelling the approval order of his appointment as Secretary to Allami Grama Panchayat issued by the Ex-DPO vide Camp Order No.1 dated 11.12.1998, vide Annexure-4. O.J.C. No.11140/2001 has been filed by Chittaranjan Digal with a prayer to direct the District Panchayat Officer, Kandhamal, O.P.3 and Sarapanch, Allami G.P., Luhuribali, O.P.4 to implement the result of the interview held on 18.4.1998 by the Selection Committee and order No.443 dated 18.3.2000 of the Collector, Kandhamal.

(2.) In O.J.C. No.11140/2001, a counter affidavit has been filed on behalf of O.Ps.1 to 3, in paragraph-4 of which it is indicated that though the petitioner, Chittaranjan Digal was selected for appointment as Secretary of Grama Panchayat, the concerned Sarapanch had illegally appointed O.P.5-Rudhira Kumar Behera, (i.e., the petitioner in O.J.C. No.2903/2000) without approval of the concerned higher authorities and as such, the petitioner-Chittaranjan Digal could not be appointed, even though he had secured highest mark in the interview. When the Collector removed O.P.5-Rudhira Kumar Behera, who as appointed illegally by the Sarapanch, Allami G.P., he filed O.J.C. No.2903/2000 before this Court. Since the matter was subjudice, no action could be taken by the O.Ps. to appoint the petitioner-Chittaranjan Digal as Secretary. In paragraph-6, it is indicated that Chittaranjan Digal had secured 47 marks, whereas Rudhira Kumar Behera had secured 42 marks. As such, Chittaranjan stood first in the selection test and Rudhira was in fourth position.

(3.) Considering the submissions made by the learned counsel for the parties and perusing the records, we dismiss O.J.C. No.2903/ 2000 filed by Rudhira Kumar Behera and allow O.J.C. No.11140/2001 filed by Chittaranjan Digal. The District Panchayat Officer, Kandhamal, O.P.3, and the Sarapanch, Allami Grama Panchayat, O.P.4, are directed to implement the result of the interview conducted by the Selection Committee on 18.4.1998 for the post of Panchayat Secretary of Allami G.P. and issue letter of appointment in favour of the selected candidate, who has secured highest mark in the interview. No cost. B.P. Das, J. - I agree. Ordered accordingly.