BIPRESWAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER challenges Annexures -3, the order passed by the Executive Officer, Cuttack Municipality. That order reads as hereunder:

(2.) EARLIER to the present writ petition, petitioner had made two successive writ applications to this Court in O.J.C. No. 229 of 1984 disposed of on 9.5.1990 and O.J.C. No. 4091 of 1990 disposed of on 10.5.1993. The decisions thereof and the order in Annexure -3 clearly depict the bureaucratic indiscipline of the concerned authorities while taking decision in appointing opp.party No. 4 as Headmaster by overlooking and misinterpreting the law and over riding the decision of this Court. In fact, in such cases, petitioner should have brought application for contempt which he had not done and therefore, we do not proceed in that respect.

(3.) AFTER the above order, opp.party Nos. 2 and 3 took decision on 20th,August, 1990 to continue opp.party No. 4 as Headmaster. Three grounds were advanced in support of that decision namely viz: