ORDER

30.04.2014 - Heard Mr. C. Pattnaik, learned counsel for the petitioner and Mr. A.K. Mishra, learned Additional Government Advocate.

The petitioner has filed this application challenging the order of disengagement passed by the opposite party No.2, Collector-cum-DPC MGNREGS, Balasore under Annexure-7 dated 18.06.2012.

Mr. C.Pattnaik, learned counsel for the petitioner states that action of the authorities is arbitrary, unreasonableness, inasmuch as the order passed under Annexure-7 is in non-compliance to the provisions contained under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short the MGNREG Act). Therefore, he seeks for quashing of the same.

Mr. A.K. Mishra, learned Addl. Government Advocate states that the project namely "Improvement of Road from Ichhapur Railway Bridge to Hatipada Tank" was taken up under MGNREG Scheme for the year 2011-12. The Project was initiated from the Gram Panchayat, Bahanaga. The Sarapanch, Bahanaga Gram Panchayat issued a work order in favour of Sri Pradyumna Kumar Samantaray, Gram Sanjojak No.2. During the period, the petitioner-Sri Haramohan Samantaray worked as a Gram Rojgar Sevak (GRS) in Bahanaga Gram Panchayat. The Government of Odisha in Panchayati Raj Department had directed the Project Director DRDA, Balasore to conduct an enquiry regarding the irregularities committed in the aforesaid MGNREG Project. Therefore, the Addl. Project Director (Admn.) DRDA, Balasore had conducted an enquiry and submitted his report vide Annexure-A/3. Basing on his record, the Collector and District Project Coordinator vide his letter dated 2193/DRDA dt. 01.05.2012, called upon the petitioner to show cause by 02.06.2012 as to why he shall not be disengaged/penalized under Section 25 of MGNREG Act, -for non-compliance to the provision of the said act in letter and spirit. In compliance to the said show cause notice, the petitioner submitted his reply. But without considering the same, in proper prospective, the impugned order under Annexure-7 has been passed disengaging the petitioner from service in exercise of power conferred under Clause (4) of MGNREG Grievance Redressal Rules-2010, Sub-clause (c), Clause (5) of Section 15 and Clause (2), Section 26 and 25 of MGNREG Act, 2005. Therefore, it is stated that since the order has been passed in due compliance of the said act, no illegality has been committed by the Authority for disengaging the petitioner from service.

On perusal of the record, after hearing the learned counsel for the parties, it appears that the project "Improvement of Road from Ichhapur Railway Bridge to Hatipada Tank" was taken up under MGNREG Scheme for the year 2011-12 in village Krushnapur under Bahanaga Gram Panchayat under Bahanaga Block. In this connection, the Sarapanch, Bahanaga Gram Panchayat issued a letter No. 20 dated 03.04.2012 to Grama Sanjojak No.1-Smt. Sabitri Upadhyaya, W/o- Pradeep Kumar Upadhyaya to receive the work order but the statement of villagers and Ward Member, on the back side of the said letter reveals that Smt. Sabitri Upadhyaya does not stay in the village. Therefore, later on the Sarapanch, Bahanaga in a Grama Panchayat meeting passed resolution dated 15.04.2012 conducted at "Jamabasuli Prangana" in the presence of members of MGNREG village Monitoring Committee, Ward Member & villagers and resolved that the 2nd Grama Sanjojak-Sri Pradyumna Kumar Samantaray would be issued with the work order as the 1st Grama Sanjojaka-Smt. Sabitri Upadhyaya was not the permanent resident of the village and as such there is no person to look after the work. Therefore, the work order was issued in favour of Sri Pradhyumna Kumar Samantaray by the Sarapanch Bahanaga to work as a Grama Sanjojak and to look after the project. On receipt of such allegation, from the Government regarding irregularities committed in the project, the same was enquired into by the Addl. Project Director, (Admn.) DRDA, Balasore, who noticed irregularities i.e. the transparency pi