JUDGMENT

BISWANATH RATH, J. - By filing this writ petition, the petitioner has sought for setting aside the judgment dated 07.06.2012 passed by the Presiding Officer, State Education Tribunal, Bhubaneswar in Appeal Case No.36 of 2010 as under Annexure-25 and the entire proceeding initiated against the petitioner including the orders dated 09.10.2005, 07.11.2005, 08.11.2005, letter dated 14.10.2005 under Annexures-3 to 6, order dated 11.08.2009 of the Director along with so called enquiry report dated 20.03.2009 under Annexure-17 and also the orders dated 02.06.2010, 11.08.2010 and 12.08.2010 vide Annexures-20, 22 and 23 respectively with a further prayer to direct the opposite parties to reinstate the petitioner in his former post and grant him all consequential service benefits including full back wages (salary components) from 09.10.2005.

2.Facts as borne from the writ petition are that the petitioner was appointed as a Lecturer in Oriya on being selected in due process of selection and by virtue of Resolution No.10 dated 14.02.1998 of the Governing Body of the Netrananda Sahoo Women’s College, Kakatpur, Purl followed by an appointment order in his favour vide Memo No.31 dated 26.02.1988. He had subsequently obtained the Ph.D decree. In the process, his services were approved by the Director and he was paid grant-in-aid in shape of Block Grant with effect from 01.01.2004. Since the petitioner was the senior most lecturer of the said College, he was .kept in-charge of Principal of the College and after the institution became an aided institution, being the senior most approved Lecturer, the petitioner was also approved as Principal-in-charge of the college by the Director following the Government Circular dated 19.07.1996 vide Director’s order dated 24.06.1994. While the matter stood thus, the Government in its general notification dated 10.6.2004 nominated the Additional District Magistrate. of the district as. President of the Governing. Body for the aided Colleges functioning in the district headquarters and the Sub-Collector as the President of the Governing Body of all other aided Colleges of the State functioning in their respective jurisdiction. The petitioner submitted that such nomination of the President is always subject to the approval by the prescribed authority along with the other Members for whom he was nominated as the President. As per the petitioner, the Sub-collector can only function as the President of the Governing Body after entire Members including. the President are approved but not singularly. Learned counsel for the petitioner in this writ petition submitted that above proposition has been settled by this Court in the case of Sri Sathya Sai Seva Organization and another v. State of Orissa and others, 2008 (II) OLR 432. The petitioner further alleges that contrary to the settled position of law, the Sub-Collector, Puri with the help of local MLA, who was also a Cabinet Minister of the State Government, illegally styling and functioning as President of the Governing Body without any other members or without any approval of the statutory authority, in such capacity, as a matter of first step, he has illegally put the petitioner under suspension in his order no.258 dated 09.10.2005 and framed charges against the petitioner .by his office letter dated 14.10.2005 vide Annexures-4 to 6 without taking prior approval of the Director as required under Rule 21 of the Orissa Education (Recruitment & Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 in short hereinafter called as ‘Rules 1974’. Being aggrieved by the said action of the Sub-Collector, the petitioner. moved the Education Tribunal, which case was ultimately dismissed as premature as well as on the ground of maintainability. The petitioner assailed the said order in this Court in W.P.(C) No.13976 of 2005, which matter was dismissed by order dated 15.12.2005 by up-holding the order of the Tribun