JAGANNATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) WHILE functioning as an Assistant Teacher in the Capital High School, Unit -Ill, Bhubaneswar, the petitioner was proceeded against as per the charge -sheet ( Annexure -4) in a disciplinary proceeding for violation of the order of his transfer from that school to the High School at Badagada and for disobedience of the order of his superiors, The petitioner showed cause as per Annexure -5. Ultimately, his services were terminated by the order dated July 29. 1982, passed by the Inspector of Schools, Puri Circle, as per Annexure -12. The period of absence from duty of the petitioner from March 11, 1980 to September 3, 1982, was treated to be extraordinary leave as per Annexure -13 Later a consolidated order was passed as per Annexure -15, terminating the services of the petitioner and treating the period of absence from duty as extraordinary leave.

(2.) WE have heard the learned counsel for the petitioner and Mr. R. K. Patra the learned Additional Government Advocate. At the stage of hearing, the petitioner has pressed for quashing Annexures 12, 13 and 15 as illegal and unsustainable.

(3.) WHILE passing the impugned order of termination, apart from considering the question of violation of the order of transfer, the Inspector Schools has recorded thus :