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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K. PANIGRAHI
Banita Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks review of previous judgment. (Para 1) |
| 2. factual background of the engagement process. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments submitted by the opposite parties. (Para 11) |
| 4. court's observations on procedural errors. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. conclusion recognizing error in previous judgment. (Para 24) |
| 6. final orders and directives of the court. (Para 25 , 26) |
JUDGMENT :
1. In this RVWPET, the Petitioner seeks review of the judgment dated 22.12.2023 passed in W.P.(C) No.6290 of 2018 dismissing her prayer, wherein the Petitioner had challenged the order dated 26.03.2018 of the Collector-cum-Chief Executive Officer, Zilla Parishad, Mayurbhanj disengaging her from the post of Swechhasevi Shikshya Sahayak on the ground that she was engaged after 26.09.2003.
3. For clarity, the operative portion of the aforesaid judgment under review is reproduced below:
38. Accordingly, it has been held by the Apex Court that no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing’. In such situations, fair procedures appear to serve no purpose since
A hearing is essential to determine the validity of administrative disengagement, particularly when distinct recruitment processes and individual circumstances are at stake.
The court affirmed that previous employment claimed by a Swechhasevi Sikshya Sahayak was invalid due to prior judicial orders deeming the recruitment process null and void, thus rejecting claims for ....
Violation of natural justice and non-binding effect of an order due to non-joinder of a party.
Authorities cannot disengage an employee based on their own errors during selection; principles of estoppel and approbation/reprobation apply.
Estoppel principle applies to prevent authorities from disengaging an appointed individual based on erroneous internal assessments, unless fraud or misrepresentation is proven.
Termination of PTA teacher's engagement without show cause notice, defying prior grant-in-aid directions, is arbitrary, violates natural justice and Article 14; mandates quashing and retrospective re....
The court confirmed that appointments must honor reservation policies, and errors by administrative authorities invalidating such appointments cannot be retrospectively rectified to the detriment of ....
Recruitment processes must prioritize merit over district preferences, particularly when unfilled vacancies exist, ensuring compliance with constitutional guarantees of equality in public employment.
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