NOTIFIED AREA COUNCIL BHUBAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner herein, the Notified Area Council, Bhuban, has approached this Court for quashing the order dated 25.5.1998 issued by the Government of Orissa in the Housing and Urban Development Department cancelling the order dated 4.5.1998 (Annexure -3) whereby opp. party No. 4 - Gobinda Chandra Naik was transferred and posted on a Senior Assistant in the Athagarh Notified Area Council against a vacant post.

(2.) IN short, the case of the petitioner is that opp. party No. 4 being a local person was indulging in politics instead of devoting his time and energy for the official work. He was deeply involved in local politics and was disclosing official matters'to the general public as well as the Press. There was a special audit in the year, 1992 -93 in which opp. party No. 4 (Gobinda Chandra Naik) was found to have misappropriated some funds of the N.A.C. Accordingly, it was felt that his continuance with the petitioner was not in the interest of the Council and therefore, a letter (Annexure -1) was sent to the Director, Municipal Administration (bpp. party No. 5) requesting for his (Shri Naik's) transfer to some other place. Since no action was taken on the said letter, another letter (Annexure -2) was sent with a similar request. Thereafter, the matter, avers the petitioner, was enquired into and an order of transfer dated 4.5.1 998 (Annexure -3) was issued transferring and posting opp. party No. 4 to Athagarh Notified Area Council. Though opp. party No. 4 came to the office, he refused to accept the transfer order and arrogantly left the office taking away the keys of the office almirah with him. On being moved, the Sub -Divisional Magistrate, Kamakshyanagar deputed the Tahasildar -cMm -Executive Magistrate in whose presence the lock of the almirah containing the records was broken and after preparing an inventory, charge of the documents/files was taken over by the N.A.C. A letter was also addressed by the petitioner to opp. party No. 5 for taking suitable action against opp. party No. 4 for disobedience and misconduct. However, asserts the petitioner, instead of taking any action, as requested by opp. party No. 4, the order of his transfer has been illegally cancelled. The petitioner again wrote to opp. party No. 5 that in the background of the facts and the antecedents and conduct of opp. party No. 4, it would not be desirable or proper for opp. party No. 4 to continue at Bhuban and as such, the order cancelling his transfer should be recalled. No action having been taken thereon, the petitioner has approached this Court for relief.

(3.) A counter has been filed by opp. party No. 4 opposing the petition. Therein, it is asserted that the order of transfer being illegal and mala fide was rightly cancelled by opp. party No. 5. In substances, it is his case that as he (opp. party No. 4) was not supporting the illegal and corrupt activities of the Chairman of the N.AC., he incurred his wrath which led to the request to the State Government for his transfer. One of the reasons for the Chairman's annoyance, asserts opp. party No. 4, is his (O.P. No. 4's) action in levying octroi on the lubricants brought within the Notified Area by the Chairman who runs a petrol pump. It is his further case that the Chairman is giving protection to some corrupt and indisciplined employees and as he (O.P. No. 4) is not towing his line, his continuance at Bhuban N.A.C. is not being liked. As regards the allegation relating to the audit report that opp. party No. 4 has misappropriated the N.A.C. funds, it is averred that he had submitted a show -cause regarding the audit objection explaining that the amount in question was not misappropriated but was utilised for the purpose for which it was advanced and the corresponding voucher had already been submitted. It is also his case that though there are allegations against others, he alone has been singled out. It is his further case that in 1993 initially when he was transferred to Dhenkanal Municipality, the public at. large had expressed their discontentment and on an enquiry a number of irregularities were found in the functioning of the N.A.C. In substance, the case of opp. party No. 4 is that being upright and straight -forward, he has been victimised.