Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Rajkishore Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. common issue in multiple writ petitions (Para 1 , 2) |
| 2. petitioner's suspension and disciplinary actions challenged (Para 4) |
| 3. court dismisses all writ petitions (Para 7) |
JUDGMENT :
1. Since all these Writ Petitions involve a common issue, all the matters were heard analogously and disposed of by the present common order.
3. All these Writ Petitions have been filed by the petitioner who happens to be Panchayat Executive Officer of Sikua Grama Panchayat under Bhawanipatna Block in the district of Kalahandi, inter alia challenging the orders, so passed by Opp. Party No.2, on the ground that Opp. Party No.2 is not competent to pass such orders.
4.1. It is contended that while continuing as PEO of the Grama Panchayat, petitioner initially vide order dated 24.09.2016, was placed under suspension with effect from the said date of Opp. Party No.2. Challenging such order of suspension, petitioner approached this Court by filing W.P. (C) No.17495 of 2016. It is contended that this Court while issuing notice of the matter vide order dated 07.10.2016, passed an interim order, inter alia directing that no coercive action be taken against the petitioner following the impugned orde
The appointing authority can serve as the disciplinary authority under the amended Grama Panchayat Act, as per the provisions of the Act and OCS Rules.
The court established that in the absence of a governing body, a Special Officer appointed under the Orissa Education Act has the authority to initiate disciplinary proceedings, and the Director can ....
The Collector lacks authority to suspend a Panchayat Executive Officer, highlighting the independence of Gram Panchayats and mandating adherence to principles of natural justice in disciplinary actio....
Suspension orders must adhere to procedural requirements and be reviewed within 90 days; authority for disciplinary actions against Panchayat Executive Officers rests with local Gram Panchayats, not ....
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
The central legal point established in the judgment is the requirement for a valid punishment order before imposing major penalties, the importance of procedural compliance in disciplinary proceeding....
The State Government has the authority to prescribe the method of recruitment and conditions of service for the appointment of Jogana Sahayak in a Gram Panchayat.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
