NARAYAN PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application, the Petitioner -Narayan Patnaik seek to challenge the Order Dated 9.9.1997 passed by the Orissa Administrative Tribunal, Bhubaneswar dismissing his Original Application No. 259 of 1989 as not maintainable.

(2.) FROM the records of the proceeding, it appears that the Petitioner was suspended vide the Order Dated 16.4.1986 and on 1986 under Annexure -2, the Petitioner was issued with the charge sheet in a disciplinary proceeding on the following charges:

(3.) AFTER completion of the inquiry proceeding, an order of punishment by way of termination of services was issued to the Petitioner on 11.11.1987 under Annexure - 7. The Petitioner, thereafter, sought to challenge the said order of punishment before the State Educational Tribunal and since during the pendency of the said proceeding, the institution in question was taken over' by the State Government, the Petitioner withdrew his application before the Education Tribunal and permission was accorded by the Tribunal for such withdrawal with liberty to move the State Administrative Tribunal. Thereafter, the Petitioner sought to challenge the order of punishment before the State Administrative Tribunal and the Tribunal vide the impugned Order Dated 9.9.1997 under Annexure -9 dismissed the Original Application on the ground that the applicant was not a Government servant at the time of filing of the Original Application and since the order of dismissal was issued by the governing body of a private management college, the Tribunal held that it has no jurisdiction to entertain the Original Application, nor to enter into the merit of the matter. Being aggrieved by the said order of the Tribunal, the present writ application has been filed by the Petitioner.