RATNAKAR BEHERA Vs. COLLECTOR, CUTTACK AND OTHERS

JUDGEMENT

(1.) Assailing the order dated 7.10.1995 passed by the District Panchayat Officer, Cuttack, opposite party no.3, vide Annexure-2 and the order dated 16.5.1998 passed by the Collector, Cuttack, opposite party no.1, in G.P. 2nd Appeal No.3/96, the petitioner has filed this writ petition. By order dated 7.10.1995, the petitioner was directed to handover the charge of the G.P. to Sri Sanatan Swain, opposite party no.5, whereas by order dated 16.5.1998, the opposite party no.1 allowed the appeal filed by the opposite party no.5 and allowed him to continue as Secretary of the G.P.

(2.) Shorn of unnecessary details, the short facts of the case of the petitioner are that he was appointed as Tax Collector by the Sarpanch, Ragadipada Gram Panchayat, Dist.-Cuttack, opposite party no.4. Opposite party no.5 was the Secretary of the said G.P. His service was terminated by the G.P. on 22.8.1993. Since the vacancy was caused after removal of opposite party no.5, the G.P. took a decision to appoint a new Secretary. After following the due procedure, the G.P. selected the petitioner for the post of Secretary. The opposite party no.3 approved his appointment. The opposite party no.4 issued the order of appointment to the petitioner on 1.8.1995. Pursuant to the same, the petitioner joined as Secretary of the G.P. While the matter stood thus, the opposite party no.3 has withdrawn the order of approval to the appointment of the petitioner with a direction to act as Tax Collector. The order of removal passed against the opposite party no.5 had also been withdrawn. Assailing the same, the petitioner filed a writ petition being O.J.C. No.7343 of 1999 before this Court. This Court disposed of the said writ petition on 10.11.1995 granting liberty to the petitioner to approach the appellate authority as per Section 133 of the Orissa Gram Panchayat Act. Thereafter the petitioner filed G.P. Appeal No.5 of 1995 before the opposite party no.2. The same was allowed on 7.8.1996. The opposite party no.2 came to hold that the opposite party no.3 has no power to withdraw the order of removal of opposite party no.5. Thereafter the opposite party no.5 preferred 2nd Appeal No.3 of 1996 before the opposite party no.1. The opposite party no.1 allowed the appeal and directed the District Panchayat Officer, Cuttack to reconsider the order of approval/ withdrawal so far as the opposite party no.5's case of dismissal from service is concerned by passing a speaking order within two months from receipt of the order. It was further directed that till final decision is taken by the District Panchayat Officer in this regard, the opposite party no.5 shall continue as Secretary of the Grama Panchayat and in case of any adverse order passed against him by the District Panchayat Officer, Cuttack, he is at liberty to appeal against his disciplinary proceeding brought by the G.P. in the appropriate forum under the provision of law. With this factual scenario, the writ petition has been filed.

(3.) Heard Mr. B.N. Nayak, learned counsel for the petitioner, learned Additional Government Advocate for the State-opposite party nos.1 to 3, Mr.R. Behera, learned counsel for the opposite party no.4 and Mr. S.R. Pati, learned counsel for the opposite party no.5.