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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Jeetendra Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's employment history and medical condition. (Para 2) |
| 2. defendant's account of petitioner's refusal of duty. (Para 3) |
| 3. arguments presented by both parties. (Para 4 , 5 , 6) |
| 4. court's analysis of contradictory evidence. (Para 7) |
| 5. court's conclusion on the legality of orders. (Para 8 , 9) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner has filed this writ application with the following prayer:
“It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs;
i) To quash the order dtd 24.06.2022 under Annexure-2.
ii) To quash the order dtd order dtd.4.4.2023 under Annexure-4.
iii) To direct the opposite parties to treat the period from 26.5.2022 to 7.6.2022 as commuted leave or EL.
iv) To direct the opposite parties to grant all financial and consequential benefits.
v) And pass such other order/orders as may be deemed fit and proper for the interest of justice.
And for this act of kindness, the petitioner as in duty bound shall ever pray.”
2. The facts of the case are that the petitioner was initially appointed as a Constable on 16.11.2011 and poste
An employee's medical condition justifies leave, and procedural fairness is required in administrative actions affecting rights.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The court emphasized the finality of leave granted by the Head of Department and the requirement for authorities to address all relevant facts and circumstances before making decisions affecting empl....
The respondents' issuance of impugned orders without following the principles of natural justice was a fundamental fault. The court emphasized the importance of serving a formal show cause notice, gr....
The court held that disciplinary actions affecting an employee's career must adhere to the principles of natural justice, including the right to be heard prior to adverse decisions.
An employee who is absent from work without permission may be discharged from service, but an employee who is absent from work due to illness may be entitled to reinstatement.
Employer must ensure that an employee with a disability is treated fairly, including salary payment for an absence due to illness, under the Rights of Persons with Disabilities Act, 2016.
Unauthorized absence does not imply misconduct if due to compelling medical circumstances; disciplinary action requires proof of willfulness.
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