ANITA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed against the order of the Collector, Angul dated 22.2.2006 passed in G.P. Appeal Case No. 2 of 2000 upholding the Judgment of the Sub -Collector, Talcher in G.P. Appeal Case No. 1 of 1998.

(2.) THE brief facts of the case are that the Petitioner after getting information from the notice board of Kaniha Block for the post of Gram Panchayat Secretary applied for the same and after facing the interview for the same, she was appointed as the Gram Panchayat Secretary of Dereng G.P. on 16.12.1997 and joined the said post on 19.12.1997. The appointment of the Petitioner was approved by the D.P.O as per the recommendation of the S.D.P.O.

(3.) THEREAFTER , against the order of the Collector dated 17.7.2002, the Petitioner approached this Court in W.P.(C) No. 3629 of 2002 and on 3.1.2006, a direction was given that if the Petitioner files an application within a period of two weeks from that date for restoration of the appeal, then the Learned Collector shall consider it favourably subject to payment of cost of Rs. 1,000/ - and thereafter dispose of the same in accordance with law expeditiously after providing opportunity of hearing to all parties concerned. After that the matter was remanded to the Collector for fresh adjudication. After having gone through the documents and written submission filed by the Petitioner before the Collector, the Collector found that though the Petitioner has written that she was forced by her husband to write the resignation letter, she has misled the Court of the Collector by stating that she was unmarried at the time of the alleged resignation. The Collector also observed that the Petitioner could save withdrawn her resignation immediately on the next working day. In view of above facts and circumstances, the Collector was of the opinion that the Petitioner has tendered her resignation voluntarily and out of her own will and, therefore, dismissed the second appeal of the Petitioner.