Discharge without inquiry violated Article 311(2) of the Constitution, highlighting the need for opportunity to defend against allegations of suppression of material facts.

JUDGMENT :

A.K. Mohapatra, J.

1. The present writ application has been filed by the abovenamed petitioner with a prayer to quash order of discharge of the petitioner dated 02.02.2024 under Annexure-9 to the writ application by the Opposite Party No.4 as well as the order of rejection of his representation vide letter dated 18.07.2024 under Annexure-12 to the writ application. Further, a prayer has also been made for a direction to the Opposite Party Nos. 4 and 5 to reinstate the petitioner in his former post of Warder, fixation of salary of the petitioner and to pay arrear differential salary of the petitioner as is due and admissible.

2. The factual background of the present writ application in short is that on 13.12.2022 the Opposite Party No.2 floated an advertisement for filling up 403 numbers of vacant posts of Jail Warder. The petitioner, being interested in getting appointment to such post, obtained a character certificate from the Deputy Superintendent of Police, Ganjam dated 17.05.2023, under Annexure-3. Accordingly, the petitioner submitted his application. Hence, the petitioner along with other eligible applicants was made to appear in the selection process as provided in the police manual. Finally, vide letter dated 29.05.2023 of the Superintendent of Sub-Jail, Daspalla, the petitioner was appointed against the post of Jail Warder in Daspalla, Sub-Jail pursuant to the appointment letter under Anenxure-5 to the writ application.

3. While this was the position, and the petitioner was discharging his duties as an warder in the Daspalla Sub-Jail, the petitioner received a letter dated 02.02.2024 of the Senior Superintendent of Circle Jail, Berhampur. Later, vide letter dated 02.02.2024 under annexure-9 to the writ application, the petitioner has been discharged from service on the allegation that he had suppressed material information in his attestation form which was submitted at the time of making an application for appointment to the post of Jail Warder. The substance of the allegation made in the office order dated 02.02.2024 is that the petitioner had categorically suppressed information about two criminal cases i.e. Chamakhandi P.S. 48 of 2022 and Chamakhandi P.S. Case No.130 of 2013. When the aforesaid facts came to the notice of Opposite Party No.4, he has passed the impugned office order dated 02.02.2024, under annexure- 9 to the present writ application. In exercise of the power conferred under Rule 59(2) and Rule 94(2) of Odisha Model Jail Manual such impugned order was passed and accordingly, the petitioner was discharged from his service as Jail Warder.

4. Being aggrieved by the aforesaid office order dated 02.02.2024, the petitioner immediately approached the Opposite Party No.2 by filing a representation dated 11.03.2024 under Annexure-10 to the writ application. In his representation under Annexure-10, the petitioner has explained his position and his innocence and, in the said representation, the petitioner has categorically stated that he was not involved in either of the cases as has been referred to by the Opposite Party No.4 in its office order dated 02.02.2024 under Annexure-9 and that the petitioner is merely a victim of the circumstances. Moreover, the impugned order under Annexure-9 has been passed under the wrong impression that the petitioner was involved in the abovenoted tw