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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Tapaswini Pattnaik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. court's observations on the case. (Para 5) |
JUDGMENT :
PER DIXIT KRISHNA SHRIPAD, J.
Petitioner is invoking writ jurisdiction of this Court seeking quashment of the order dated 28.07.2023 passed by OP No.2 at Annexure-9. The relevant part of the said order reads as under:
“In such view, I am of the opinion that there is no dispute that, Smt. Tapaswini Pattnaik was appointed in the college as a Lect. in Sanskrit Vyakaran. But due to her long absence since October, 2002, the managing committee of the college vide G.B. Resolution 47 dated 09.03.2003 and G.B. Resolution 48 dated 28.06.2003 unanimously terminated her service which was communicated to her vide the college letter no. 195(A) dated 29.06.2003 with prior notice vide letter No. 85 dated 15.04.2002 and appointed Ms. Saralabala Nanda against the vacancy arose due to Smt. Pattnaik's long absence. Ms. Nanda has been working sincerely in the college since her joining till date. Therefore, the claim of Smt. Tapaswini Pattnaik in W.P. (C) No. 17833/2018 to implement the erstwhile DHE(O) Order No. 25884 dated 19.07.2018 a
Termination without the opportunity for a fair hearing violates principles of natural justice, reinforcing employee rights under the Constitution.
Termination without due process and lack of proper notification constitutes a violation of natural justice principles, necessitating reinstatement.
Service abandonment for over five years warrants appointment of another candidate in the vacancy; prior approval for termination is mandatory.
Termination of temporary employees requires adherence to natural justice principles, including the right to a hearing before punitive actions are taken.
The court established that the principles of natural justice must be strictly followed in employment termination cases, particularly in the context of private educational institutions, and that the a....
Importance of availing statutory appeal remedy and leaving certain issues for the Tribunal to decide.
Violation of principles of natural justice and the need for the new incumbent to make way for the reinstated employee.
The Court emphasized the importance of adhering to the principles of natural justice and the relevant rules in matters of appointment and disengagement of employees in educational institutions.
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