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2008 Supreme(Ori) 788

R.N.BISWAL, B.P.DAS
PANCHANAN SETHI – Appellant
Versus
STATE OF ORISSA – Respondent


JUDGMENT :

1. Heard Mr. P.K. Mohapatra, learned Counsel for the Petitioner, Mr. R.N. Acharya, learned Additional Government Advocate for O.Ps.1, 2 and 4 and Mr. S.P. Mishra, learned Counsel for O.P.3.

2. The Petitioner, who is working as Jr. Clerk in Jashipur College, Jashipur in the district of Mayurbhanj, has filed this writ petition challenging the order dated 23.6.2007 passed by the principal, Jashipur College placing him under suspension, vide Annexure-11.

3. The undisputed fact is that the Governing Body of Jashipur College has been dissolved by virtue of the notification dated 10.6.2004 issued under the provision of Sub-Section 6 of Section 7 of the Education Act, 1969 by the Commissioner-cum-Secretary to Government, Department of Higher Education. The Additional District Magistrates are to take over as President of Governing Body of the District Headquarters and the Sub-Divisional Officers are to take over as President of Governing Body of the rest of the colleges within their respective jurisdiction. Accordingly, O.P.4 - Sub-Collector, Panchpir, is the President of the Governing Body and O.P.3- Principal of Jashipur College functions as Secretary.

4. The main ground of challen





















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