NABAKISHORE MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HAVING heard Mr. Swain for the petitioner and Mr. M.K. Mohanty for the opposite party No. 3, Governing Body of Sri Dhabaleswar Mahavidyalaya in presence of Mr. B.P. Das, learned Addl. Govt. Advocate, we find a short point arises in this case relating to the order of suspension of the petitioner, the Principal of the college.

(2.) THE petitioner has mainly challenged the order as per Annexure -4 made by the President of the Governing Body of Sri Sri Dhabaleswar Mahavidyalaya placing the petitioner under suspension. The impugned order refers to Cuttack Vigilance P.S. Case No. 9 dated 31.1.1995 under Section 13(2) read with Section 13(1) and Section 7 of the P.C. Act against the petitioner and others. It is stated that pursuant to a letter dated 2.3.1996 of the Director, Higher Education, Orissa, the petitioner was placed under suspension with immediate effect. The letter of the Director dated 2.3.1996 is annexure - 3 to the writ application in which the Deputy Director (N.G.C.II) has indicated that the Sub -Collector -cum -President, Governing Body of the College was requested vide Directorate's letter No. 16892 dated 18.5.1995 to take necessary action against the petitioner Principal and another Sri Pabitramohan Sahani, Junior Clerk of the college and to plate them under suspension with immediate effect but no action might have been taken in the matter as no reply had been received by the Directorate. A copy of the Government letter No. 11892/HE dated 29.3.1995 was enclosed to this letter of the Deputy Director and the President of the Governing Body was requested to take immediate action in the matter and report compliance for information of Government.

(3.) RULE 21(2), Second Proviso indicates inter alias :