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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Jubak Majhi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request to quash orders. (Para 3) |
| 2. background of petitioner's employment and charges. (Para 4) |
| 3. state's defense for the action against the petitioner. (Para 5) |
| 4. court's findings on violation of natural justice. (Para 6) |
| 5. final disposal of the writ petition. (Para 7) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Petitioner has filed the present Writ Petition inter alia with the following prayer:-
“Under the above circumstances it is therefore humbly prayed that the Hon’ble Court be graciously pleased to quash the order of the Director dtd: 09.02.2023 under Annexure-5 and also the order of the Collector, Balasore dtd: 09.02.2023 under Annexure-6 and direct the Opposite Parties to allow the petitioner to perform his duty as District Child Protection Officer, Balasore with all consequential service and financial benefit within a stipulated period as deem fit and proper;
And/or issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case;
And for this act of this kindne
Disengagement of an individual without due process violates the right to fair hearing under natural justice principles, necessitating quash of the order.
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
Administrative actions involving civil consequences must adhere to the principles of natural justice, ensuring affected parties have an opportunity to be heard before adverse decisions are made.
The principles of natural justice require that no individual can serve as both Enquiry Officer and complainant to ensure fair proceedings.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged s....
The main legal point established in the judgment is that the decision-making process adopted by the respondents must comply with the principles of natural justice and the statutory mandate of Section....
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