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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Purusottam Barik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. enquiry and representation procedures involved (Para 2) |
| 2. counter affidavits and legal stances (Para 3 , 4) |
| 3. arguments presented by the parties (Para 6 , 7 , 8 , 9) |
| 4. requirement of compliance with natural justice (Para 10 , 11 , 12) |
| 5. assessment of the enquiry process (Para 13 , 14 , 15) |
| 6. dismissal of writ application for reinstatement (Para 16) |
Judgment :
SASHIKANTA MISHRA, J.
1. This is the third journey of the petitioner to this Court on more or less the same issue.
2. The facts of this case are that the petitioner was engaged as Gram Rozgar Sevak (GRS) of Gopinathpur Gram Panchayat in Chandbali Block of Bhadrak District. While working as such, a joint enquiry was conducted against him on the allegation that he had violated the model code of conduct along with the Panchayat Secretary during the Panchayati Raj Elections of 2022. On the recommendation of the State Election Commission, Odisha vide letter dated 20.01.2022, the Collector, Bhadrak, vide office order issued on the same date, disengaged the petitioner with immediate effect. The petitioner challenged such order before this Court in W.P.(C) No.10415 of 2022, which was disposed of vide order dated 29.04.2
The court established that quashing a disengagement order does not automatically entitle a petitioner to reinstatement in a contractual role without explicit direction, particularly when there are un....
Judicial review cannot extend to altering the terms of a contract post-expiry, and the principles of natural justice were upheld in the termination process.
Disengagement of an individual without due process violates the right to fair hearing under natural justice principles, necessitating quash of the order.
The main legal point established in the judgment is the requirement for adherence to the principles of natural justice in employment disengagement, emphasizing the need for a detailed enquiry and opp....
Suspension of an elected representative is valid when misconduct is established, with the suspension being justified under relevant statutory provisions, ensuring accountability and public confidence....
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