The judgment established the importance of natural justice, the requirement of prior approval for termination under the Orissa Education Act, and the consequences of biased proceedings on the validity of termination.

JUDGMENT

B.R. Sarangi, J.

1. The petitioner, who was appointed as Lecturer in Oriya in Akhandalamani College, has filed this petition assailing the resolution dated 25.5.2001 passed by the Governing Body of the College terminating his services under Annexure-19 and approval thereof made by the Director, Higher Education vide order dated 7.5.2005 under Annexure-25, which was affirmed by the State Education Tribunal by order dated 11.4.2011 in Appeal No. 16 of 2006 under Annexurer-26.

2. The factual matrix of the case at hand is that Akhandalamani College (+2) at Palasahi in the district of Bhadrak, was established in the year 1982 with Intermediate Arts and Commerce stream. The Government granted concurrence in the year 1987 and the Council of Higher Secondary Education granted affiliation in the year 1998. The +3 Arts and +3 Science streams were opened in the year 1990 and the college received special permission for +3 Arts stream in the year 1992. The petitioner was appointed as Lecturer in Oriya against the 1st post in the college by following due procedure of selection pursuant to which he joined on 16.8.1982. The college became eligible and was notified on 15.3.1997 to be an aided educational institution with effect from 1.6.1994, therefore the Institution in question is an aided Institution within the meaning of Section 3(b) of the Orissa Education Act. The appointment of the petitioner was duly approved, consequence thereof he received grant-in-aid with effect from 1.6.1996 pursuant to the order dated 1.5.1997 under Annexure-1. On 15.5.1997 under Annexure-2 the petitioner was made the Principal-in-charge-cum-Secretary of the Governing Body with effect from 11.4.1997 and continued till 31.7.1998 pursuant to the order of the Director, Higher Education. Thereafter, Mr. P.K. Hota was made as the Principal-in-charge-cum-Secretary. The petitioner was placed under suspension on 11.11.1998 by the order of the President of the Governing Body and such order of suspension was approved by the Director, Higher Education vide his order dated 17.12.1998. The petitioner assailed the order of suspension before this Court in OJC No. 5201 of 1999 vide Annexure-3, which was pending. Draft charges were framed against the President on 24.2.1999 under Annexure-4 for the alleged misconduct, dereliction in duty, unauthorised absence and misappropriation of college funds. The petitioner vide Annexure-5 dated 6.3.1999 sought for supply of the records, but the same were not supplied to him. But the Director vide order dated 25.1.2000 under Annexure-6 directed the President of the Governing Body for speedy disposal of the enquiry. Pending such disciplinary proceeding, the petitioner was reinstated in service vide Annexure-7 dated 15.9.2000, pursuant to which he joined on 16.9.2000. But the said order was revoked by the Director, Higher Education on 18.9.2000 under Annexure-9. Challenging such order, the petitioner filed OJC No. 9497 of 2000 before this Court. Both OJC No. 5201 of 1999, which was filed challenging the order of suspension and OJC No. 9497 of 2000, which was filed challenging revocation of the order of reinstatement, were disposed of by this Court by order dated 4.4.2001 vide Annexure-10. In OJC No. 5201 of 1999 this Court directed that the authorities would disburse the subsistence allowance within a period of one month and in OJC No. 9497 of 2000, this Court directed to conclude the disciplinary proceeding which has been initiated against the petitioner within a period of two months from the date of communication of the order. It was also made clear that if the proceeding is not concluded within the time stipulated, the order of suspension shall be revoked and the petitioner shall be reinstated in his post. The certified copy of the order dated 4.4.2001 was served on the authorities on 6.4.2001. In the meantime, on 23.9.2000 vide Annexure-11 another final draft charge was served by the Principal-in-charge declaring himself as the dis