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2014 Supreme(Ori) 463

BISWANATH RATH
Jogendra Behera – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioner: M/s. S.K. Dey, A.K. Das, P.K. Nayak, B.K. Mohapatra, N. Pattnaik.
For Opposite Parties: Additional Standing Counsel.

JUDGMENT

BISWANATH RATH, J.

1. By filing this writ petition the petitioner has assailed the impugned orders vide Annexure- 4 a resolution dated 20.1.1998 thereby adopting the decision of the Satyabhamapur Gram Panchayat terminating the services of the petitioner from the post of Secretary and the order under Annexure-5 an order of the District Panchayat Officer approving the proposal No. 5 in the above regard passed under Annexure-4.

2. The case of the petitioner is that he was selected for the post of Secretary in a duly constituted selection process and was issued with the appointment order for being appointed as the Secretary of the Satyabhamapur, Gram Panchayat vide Annexure-1. He joined the said post by submitting his joining report on 25.5.1994 as appearing at Annexure-1(A). The further case of the petitioner is that while he was continuing as such, he was served with a communication suspending him from the post of Secretary in exercise of power under Section 115(1) of the Orissa Gram Panchayat Act, 1964 (for short Act). Following his suspension, a representation was submitted at the instance of the Ward Members of the Gram Panchayat on 15.12.1997 to the Deputy Collector, Bhuba












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