SAUBHAGYABATI JENA Vs. STATE OF ODISHA & OTHERS

JUDGEMENT

(1.) This writ petition is against the order dtd. 25.2.2016 passed by the Collector, Gajapati whereby and where under the petitioner has been disengaged from service on the ground of her involvement in the criminal case being Vigilance P.S. Case No. 01 dtd. 4.1.2014, U/s.13(2) read with 13(1)(d) / 7 P.C. Act, 1988, in consequence thereof the petitioner was taken into judicial custody and remained in custody till 19.1.2016, but however, she was subsequently released on bail.

(2.) Learned counsel for the petitioner while assailing the order dtd. 25.2.2016 has submitted that the authority ought to have issued show cause notice prior to issuance of office order dtd. 25.2.2016 by which she has been disengaged from service and as such there is violation of principle of natural justice, hence on this ground the order dtd. 25.2.2016 is fit to be set aside.

(3.) Learned counsel representing the opposite party State Miss Sanjivani Mishra has submitted that the petitioner was engaged as lady supervisor totally on contract basis, as would be evident from office order dtd. 13.4.2010 and since she was found to be involved in a criminal case for getting illegal gratification of Rs. 1,16,600.00 on demand from one Smt. Kabita Nayak, as such she was caught red handed by the trap team constituted by the Vigilance Department of the State and thereafter a case being Vigilance P.S. Case No. 01 dtd. 4.1.2014, U/s.13(2) read with 13(1)(d) / 7 P.C. Act, 1988 has been registered against her and she was arrested on 6.1.2016 and thereafter was remanded to judicial custody where she remained till 19.1.2016, hence the petitioner was disengaged.