JUDGMENT

A.S. NAIDU, J. — The petitioner seeks to assail the order dated 28.7.2008 (Annexure-11) passed by the Deputy Director, NGC-II suspending him from service in exercise of the powers con¬ferred upon him under sub-rule (1) of Rule 21 of the Orissa Education (Recruitment and Conditions of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, in short, “1974 Rules” contemplating initiation of a proceeding, mainly on the ground that the said order not only suffers from lack of jurisdiction but also is otherwise unjust, illegal and contrary to law.

2. To understand the inter se disputes, it would be pru¬dent to refer to state the case of the petitioner.

“Brundaban Subudhi College” situated at Daspalla in the district of Naygarh was established in the year 1977 and was recognized the prescribed authority as Intermediate Arts College in the year 1978. In the year 1981 the Governing Body of the said college decided to introduce ‘Education’ as an optional subject. After receiving concurrence, steps were taken to fill up the said post. However, considering the financial position, the Governing Body decided to fill up the post on temporary basis for the time being. At the relevant time petitioner, who possessed M.A.Ed. qualification, was working as Headmaster of Patpurapatana U.G.M.Ed. School. He was requested to join as guest faculty in the college and teach Education. He accepted the offer subject to payment of Rs.200/- per month towards conveyance allowance. Accordingly, he took education classes in the morning hours i.e. between 7.30 A.M. to 9.30 A.M. After few years, it became diffi¬cult for the petitioner to serve as Headmaster in UGME School and also teach Education in the college. Consequently, the petitioner left the job of Headmaster with effect from 18.6.1987, joined the college permanently and received his salary month after month. The petitioner’s services were approved by the Director, Higher Education by order dated 6.10.1989 and received 1/3rd grant-in-aid towards salary cost with effect from 1.3.1988. While working as Lecturer in B.S. College, Dasapalla, the petitioner was trans¬ferred to Rajsunakhala College and joined there on 20.7.1999 and continued till 30.6.2000. Thereafter he was again transferred to B.S. College, Dasapalla and joined there on 1.7.2000. Being the senior most lecturer, the Director, Higher Education by his order dated 22.2.2006 approved the petitioner as Principal-in-charge-cum-Secretary of B.S. College, Dasapalla vide Annexure-3.

3. In the year 2007 certain allegations were levelled against the petitioner with regard to the irregularities and financial embezzlement. He was called upon to show cause. The Governing Body of the College in its meeting held on 19.10.2007 came to the conclusion that the petitioner had neither committed any irregularities nor had suppressed any fact during his tenure of service and took a resolution to that effect on 19.10.2007 vide Annexure-7. While the matter stood thus, a report was re¬ceived from the office of the Lokpal calling upon the petitioner to explain certain allegations levelled against the petitioner. After receipt of the notice, petitioner submitted his show cause. It is alleged that without affording any opportunity of hearing and without observing the principles of audi alteram partem, the Lokpal passed certain orders on 28.12.2007. After receipt of the report, it is alleged, the Director by order dated 28.7.2008 (Annexure-11) suspended the petitioner. The said order, as stated earlier, is assailed in this writ petition.

3. Mr. Rath, learned counsel appearing for the petitioner forcefully submitted that the Director not being the appointing authority lacked the initial jurisdiction to suspend the peti¬tioner from service and on that ground alone the order of suspen¬sion should be quashed.

4. Learned counsel for the State on instruction submitted that in consonance with the observations made by the Lokpal in Case No.873-LY