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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 :
1. This is the third journey of the petitioner to this Court on more or less the same issue.
2.1 The petitioner submitted representation on 04.05.2022, basing on which the Collector initiated Misc. Case No.26 of 2022. In course of hearing, the Collector called for a report from the Block Development Officer (BDO), Chandbali and District Panchayat Officer (DPO), Bhadrak. The BDO submitted a report on 24.05.2022 stating that there was no conclusive evidence with regard to the allegations against the petitioner. The D.P.O. however, submitted a contrary report. The Collector, by order dated 16.06.2022 rejected the representation of the petitioner.
2.3 The petitioner thereafter submitted representation before the Collector praying to be reinstated and to conduct enquiry after granting him opportunity of hearing. The
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....
The failure to provide an Inquiry Report violated natural justice, leading to the reinstatement of the petitioner from the date of discharge.
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