PRAFULLA KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. M.K. Das, learned counsel for the petitioner and Mr. Patnaik, learned counsel appearing for opp.party No.5 as well as the learned counsel for the State.

(2.) THE petitioner alongwith opp.parties 5 and 6 made applications for being appointed as Storage Agents pursuant to an advertisement made by the Government in Chhatrapur Block in the district of Ganjam justifying appointment of three Storage Agents as per the guidelines.

(3.) ON a complaint received from the local Member of the Legislative Assembly, the Collector, Ganjam on enquiry came to a finding that the petitioner is not financially strong to be appointed as Storage Agent and withdrew his recommendation. The petitioner challenges the action of the opp.parties in not appointing him as Storage Agent in respect of Chhatrapur Block, mainly on the two grounds. Firstly, once the Collector verifying the solvency certificate of the petitioner recommended his case, there is no further power vested with the Collector to withdraw such recommendation. Secondly, even conceding that the Collector has such power, since the petitioner produced his solvency certificate issued by the Sub -Collector on 20.11.2006, the Collector could not have come to a finding that the petitioner is not financially sound to be appointed as Storage Agent without basing on any material available on record.