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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Samir Kumar Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. initial procedural steps and representation of parties. (Para 1 , 2) |
| 2. context of the writ petition and claims regarding detriment. (Para 3 , 4) |
| 3. significance of stigma in employment termination. (Para 5) |
| 4. arguments by the state regarding the necessity of termination. (Para 6) |
| 5. opposition's stance on efficiency and misconduct. (Para 7) |
| 6. court's observation on appointment and termination context. (Para 8) |
Judgment :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through hybrid mode.
2. Heard Mr. L. Pangari, learned Sr. Counsel appearing for the Petitioner along with Mr. S.K. Ojha, learned counsel, Mr. B. Nayak, learned Addl. Govt. Advocate appearing for the State-Opp. Party and Mr. B.K. Dash, learned counsel appearing for Opp. Party Nos. 2 to 4.
3. Though the present writ petition was originally filed challenging order dtd.31.12.2021 so passed by the Govt.-Opp. Party No. 1 under Annexure-2, but it is fairly contended in the Bar that after passing of the said order and taking into account the interim order passed by this Court on 04.01.2022, Petitioner was not only allowed to continue but also was allowed to resign from his services and in the meantime, h
An employment termination order containing stigmatic language without supporting evidence equates to a dismissal, violating the employee's protection under Article 311(2) of the Constitution.
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
Termination of a probationer's service does not require adherence to natural justice unless it is stigmatic in nature.
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
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