The main legal point established in the judgment is the importance of adhering to the principles of natural justice in disciplinary proceedings, including the supply of relevant documents and the appointment of unbiased Enquiry Officers.

JUDGMENT :

A.K. Rath, J.

By this application under Article 226 of the Constitution of India, the petitioner, who is a quondam employee of Gopabandhu English Medium School, challenges the order of termination dated 10.05.2002 passed by the Chief Engineer & Director, Water and Land Management Institute (hereinafter referred to as “WALMI”), Pratap Nagari, Cuttack vide Annexure-15 and the enquiry report.

2. The case of the petitioner is that WALMI is an institute of the Government of Orissa, Water Resources Department. It was established in the year 1985 under the World Bank Project. It is a society registered under the Societies Registration Act, 1860. The object of the institute is to impart training in action research and adoptive research in the field of agriculture/irrigation. The institute used to receive grant-in-aid from the State Government. The institute had more than 200 numbers of employees belong to different categories. There was no English Medium School for primary education of small children of that area. It was difficult on the part of the employees to send small children by bus to other schools. In view of the same, it was decided to establish a school to provide education facility to the children of the employees working in WALMI. It was also decided that the children of the locality would also be entertained. While matter stood thus, the Governing Council of WALMI in its 17th meeting held on 28.4.1992 approved the proposal for establishment of primary school. The school was started with LKG classes in the month of June, 1992. A project report was prepared indicating the staff requirement and class to be opened upto Standard-III including the expenditure to be incurred in that regard. The school in the name and style of Gopabandhu English Medium School was established by the WALMI. While the matter stood thus, the petitioner, who possessed the necessary qualification, was appointed as Assistant Teacher on ad hoc basis in the school on 30.7.1994. His service was regularized vide order dated 31.1.1996, Annexure-2. Subsequently, he was kept in-charge Principal of the school. He discharged his duties to the utmost satisfaction of the authorities concerned. Without any rhyme or reason all of a sudden the WALMI authorities on verbal instruction to the petitioner to close down the school. On 27.06.2001, a charge-sheet was served on him to enquire into the following charges.

“The enhancement of tuition fees for each class was made in this office order No.3892, dt.8.10.99 and copy was displayed in the School Notice Board and copy sent to all executive members in this office Memo No. 3894, dt.8.10.99 and 3895, dt.8.10.99 respectively for collecting the tuition fees along with the arrears by Oct’99 positively (copy enclosed). Sri Swain, Asst. Teacher in charge of the admission of students and collection of tuition fees, did not follow the order of the authority and violated the Order No.3892, dt.8.10.99 resulting a loss to the revenue of the Institution.

On verification of the School records, it is found that the basic information like; date of birth of the students, name of the father, permanent address of the local guardians (where necessary) etc. are not recorded properly in the admission register. On being asked, Sri Swain, Asst. Teacher explained in a confusing manner with the hostile attitude which is not desirable from an employee. This indicates the sub-ordination of the Asst. Teacher.

Sri Swain, Asst. Teacher of the Gopabandhu English Medium School, WALMI is operating a Savings Bank Account for the transaction of the School Cash without approval of the Competent Authority.

Sri Swain is collecting the admission fees, tuition fees from the students in each year and depositing the amounts in the Bank Account unauthorisedly instead of depositing the same in the WALMI Head Office.

Sri Swain is withdrawing the cash from the said Bank Account to meet the expenditure at his sweet will, whereas parallelly, money is being issued fr