KRUSHNA CHANDRA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India, the petitioner, who is a quondam employee of Gopabandhu English Medium School, challenges the order of termination dated 10.05.2002 passed by the Chief Engineer & Director, Water and Land Management Institute (hereinafter referred to as "WALMI"), Pratap Nagari, Cuttack vide Annexure -15 and the enquiry report.

(2.) The case of the petitioner is that WALMI is an institute of the Government of Orissa, Water Resources Department. It was established in the year 1985 under the World Bank Project. It is a society registered under the Societies Registration Act, 1860. The object of the institute is to impart training in action research and adoptive research in the field of agriculture/irrigation. The institute used to receive grant -in -aid from the State Government. The institute had more than 200 numbers of employees belong to different categories. There was no English Medium School for primary education of small children of that area. It was difficult on the part of the employees to send small children by bus to other schools. In view of the same, it was decided to establish a school to provide education facility to the children of the employees working in WALMI. It was also decided that the children of the locality would also be entertained. While matter stood thus, the Governing Council of WALMI in its 17th meeting held on 28.4.1992 approved the proposal for establishment of primary school. The school was started with LKG classes in the month of June, 1992. A project report was prepared indicating the staff requirement and class to be opened upto Standard -III including the expenditure to be incurred in that regard. The school in the name and style of Gopabandhu English Medium School was established by the WALMI. While the matter stood thus, the petitioner, who possessed the necessary qualification, was appointed as Assistant Teacher on ad hoc basis in the school on 30.7.1994. His service was regularized vide order dated 31.1.1996, Annexure -2. Subsequently, he was kept in -charge Principal of the school. He discharged his duties to the utmost satisfaction of the authorities concerned. Without any rhyme or reason all of a sudden the WALMI authorities on verbal instruction to the petitioner to close down the school. On 27.06.2001, a charge - sheet was served on him to enquire into the following charges.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite party nos.1 to 3. The sum and substance of the case of the opposite parties is that WALMI is an Autonomous Body registered under the Societies Registration Act, 1860. It is governed by the Governing Council. The Commissioner -cum - Secretary to Government, Department of Water Resources, Orissa, Bhubaneswar is the President of Governing Council. With regard to supply of documents, it is stated that the petitioner was duly intimated vide WALMI letter No.3958 dated 20.11.01 to peruse the records called for by him on 22.11.2001. Accordingly, the petitioner perused the records on 22.11.2001 in the WALMI office from 10 AM to 5 PM. The said fact was intimated to the Department of Water Resources, Government of Orissa vide letter No.4289 dated 11.12.2001 and letter No.1615 dated 19.4.2002. Though in the charge -sheet dated 27.6.2001 vide Annexure -3, the Deputy Director, WALMI had been cited as a witness for the management, but then vide office order dated 10.1.2002, he was appointed as the Enquiring Officer and the Professor (Engineering), WALMI was directed to be the witness for the management. On 2.1.2002, the petitioner reported himself before the Enquiry Officer with all relevant records of the "Gopabandhu English Medium School" and participated in the disciplinary proceeding. Thus, the petitioner, having participated in the disciplinary proceeding, is estopped in law to challenge the procedure followed in the disciplinary proceeding. The allegation of bias and malafide against the WALMI management is baseless.