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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA SHRIPAD DIXIT, CHITTARANJAN DASH
Suchitra Mohapatra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to disengagement order of teacher for unauthorized absence. (Para 1) |
| 2. arguments regarding valid disengagement and lack of action. (Para 2) |
| 3. evaluation of delay and merits of appeal. (Para 3) |
JUDGMENT :
KRISHNA SHRIPAD DIXIT, J.
1. This Intra-Court appeal by a Sikhya Sahayak i.e. teacher, who having abandoned her service was disengaged from the post, now seeks to lay challenge to a Learned Single Judge’s order dated 04.07.2023 whereby her W.P(C) No. 19016 of 2023 was negatived essentially with the following observation:
“3. The petitioner has filed this writ petition challenging the disengagement order vide No. 1922 dated 20.10.2020 passed by Chief Executive Officer-cum- Collector, Zillaparisad, Gajapati on the ground of unauthorized absence since 20.06.2013 till date.
4. During course of hearing, learned counsel for the petitioner has failed to produce any authorization letter with respect to long unauthorized absent before the Court. Hence, this Court does not find any infirmity in the order passed by the District Project Office, RTE-SSA, Gajapati. Accordingly the writ petition is dismissed.”
2. Ld. Counsel appearing for the Appellant vehemently argues tha
Long unauthorized absence from employment constitutes abandonment of service, justifying termination without reinstatement.
Terminate from service - Unauthorisedly absent from duty - Rule 18 of Financial Handbook held that there cannot be any automatic termination of services of employee, in case of absence from duty, sam....
Unauthorized absence from duty without prior permission or timely communication justifies dismissal under applicable regulations.
Mere involvement in a criminal case cannot be treated as misconduct, and the due procedure must be followed before disengaging a government servant.
Termination without due process and lack of proper notification constitutes a violation of natural justice principles, necessitating reinstatement.
The court affirmed that previous employment claimed by a Swechhasevi Sikshya Sahayak was invalid due to prior judicial orders deeming the recruitment process null and void, thus rejecting claims for ....
Termination of service without a departmental enquiry and opportunity to be heard violates Article 311(2) of the Constitution of India.
Termination without the opportunity for a fair hearing violates principles of natural justice, reinforcing employee rights under the Constitution.
Service abandonment for over five years warrants appointment of another candidate in the vacancy; prior approval for termination is mandatory.
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