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 :
Biraja Prasanna Satapathy, J.
1. Since all these Writ Petitions involve a common issue, all the matters were heard analogously and disposed of by the present common order.
2. Heard Mr. S.K. Dalai, learned counsel for the petitioner and Mr. P.K. Panda, learned Addl. Standing Counsel for the State.
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. It is the case of the petitioner that petitioner while continuing as Grama Panchayat Secretary of Sikua Grama Panchayat, he was appointed as VLW vide order issued by the Collector, Kalahandi-Opp. Party No.2 in the year 2011 on promotion. Subsequently, post of VLW was re-designated as Panchayat Executive Officer and petitioner accordingly was allowed to continue as Panchayat Ex
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 ....
Disciplinary authority may delegate drawing up of charges to superior officer like Chairman of District Authority upon direction from Executive Chairman of State Authority, validating proceedings wit....
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
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
