BHAGIRATHI MISHRA Vs. COMMISSIONER-CUM-SECRETARY

JUDGEMENT

(1.) This writ petition has been filed by the employee petitioner in its original form challenging his dismissal from service of the School w.e.f. 27.09.1994 communicated by way of a publication dated 26.05.1996 vide Annexure-13 as well as Annexure-15. While the petitioner sought for a direction for treating him to be continuing in service till his superannuation and release of consequential financial benefits as well as pensionary benefits, upon death of the original petitioner during pendency of the litigation, the original petitioner has been substituted by his legal heirs i.e. his wife and children amending the prayer by way of addition to the extent of grant of family pension to the petitioner no.1 (a) while maintaining all other claims made in the writ petition

(2.) Short background involved in the case is that on 20.08.1973 Bhagirathi Mishra the original petitioner was appointed as a Lower Division Clerk in the Orissa Police High School, Tulsipur, Cuttack. This institution was an Aided Educational Institution under Section 3(b) of the Orissa Education Act, 1969 and was in receipt of grant in aid. On 15.11979 the petitioner was promoted to the post of Upper Division Clerk. On 18.07.1986 the original petitioner was placed under suspension w.e.f. 14.7.1975 on the basis of a decision of the Managing Committee of the School on the alleged involvement of the original petitioner in a criminal case. On 20.03.1989 the original petitioner was reinstated in service pending disposal of the criminal proceeding/inquiry against him. On 14.8.1990 the original petitioner was once again placed under suspension vide Annexure4.

(3.) Challenging the convictions in the three above cases, the original petitioner preferred three criminal appeals vide Cr. Appeal No.141/1994, Crl. Appeal No.142/1994 and Crl. Appeal No.143/1994. Based on the grant of stay of the suspension of the conviction as well as sentences therein, the petitioner submitted a representation to the Managing Committee on 20.11.1994 praying therein to continue in serving along with release of unpaid subsistence allowances. Based on the conviction order, by the resolution of the Managing Committee, the petitioner was dismissed from service with effect from the date of judgment i.e. 27.9.1994. On the premises that the petitioner was not prepared to receive dismissal order, the dismissal order as well as the resolution were all published in newspaper.