SANKARSAN SARANGI Vs. CHAIRMAN, ZILLA PARISHAD AND ORS.

JUDGEMENT

(1.) THE Petitioner was serving as a Primary School teacher under the control of the Zilla Parishad, Puri, and at the relevant time was attached to the Damasahi U.P. School under the Ranpur Panchayat Samiti in that district. The Chairman of the Zilla Parishad visited the school on 24 -1 -1964 when Borne people of the locality represented to him against the Petitioner's conduct. The said Chairman directed that the Petitioner should be suspended from service and formal charges should be framed against him by the concerned Block Development Officer which should be disposed of in due course. The Block Development Officer, Ranpur, however, did not frame any charges, but forwarded to the Petitioner a copy of the Minutes drawn up by the Chairman, and directed the Petitioner to hand over charge to the assistant teacher of the school where he was serving.

(2.) THE Petitioner submitted an explanation (Annexure B) on 12 -3 -1964 wherein he denied the allegations completely and requested that there be a formal enquiry and the order of suspension which, according to him, was not proper, should be recalled and he should be taken back to service. In the meantime there was an enquiry by some local people at the instance of the Chairman of the Panchayat Samiti who came to a finding that the allegations made against the Petitioner were without basis. By an order dated 9 -11 -1964 the Chairman of the Zilla Parishad found the Petitioner guilty of grave misconduct and directed his discharge from service with retrospective effect from the date of his suspension (vide Annexure G). Being aggrieved by the said order of discharge, the Petitioner has moved this Court under Article 226 of the Constitution of India.

(3.) THE enquiring officer did not categorically record a finding of guilt so far as the Petitioner was concerned. Besides, in the absence of any material on record, the statement that the teacher had admitted certain facts before the enquiring officer or that the evidence recorded did not support the teacher's defence could not be accepted. We therefore caned upon the Chairman of the Panchayat Samiti to produce the records of the enquiry, referred to above, conducted by the Chairman, Panchayat Samiti, Odgan. In spite of adequate opportunities being given and the matter having been adjourned to enable the said Chairman to produce the records of such enquiry, the papers were not produced. In the circumstances, it is difficult to rely upon the conclusion indicated in the report referred to above. There is no material on record to show that the rules of natural justice were followed in the said enquiry.