IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2361 of 2025 In the matter of an application under Articles 226 and

227 of the Constitution of India,1950 ………………

Governing Body, Balasore …. Petitioner Law College, Balasore -versus-

Director, Higher Education Opposite Parties Deptt., Govt. of Odisha, BBSR & Others ….

For Petitioner : M/s. P. Rath, Sr. Adv. along with Mr. A. Khandelwala, Adv. and Mr. S. Tibrewal, Adv.

For Opp. Parties : M/s. D. Lenka, Addl. Govt. Advocate Mr. Sameer Ku. Das, Adv.

(for O.P. No.5)

PRESENT:

THE HONBLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY -----------------------------------------------------------------------------------

Date of Hearing: 29.01.2025 and Date of Judgment: 29.01.2025 -------------------------------------------------------------------------------------

Biraja Prasanna Satapathy, J

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical ) Mode.

2. Heard Ms. P. Rath, learned Sr. Counsel along with Mr. Khandelwal, learned counsel appearing for the Petitioner, Mr. D. Lenka, learned Addl. Govt. Advocate and Mr. S.K. Das, learned counsel appearing on behalf of Opp. Party No.5.

3. Preliminary counter affidavit filed by Opp. Party No.5 in Court with service of copy on the learned Counsel for the Petitioner be kept on record.

4. The present Writ Petition has been filed inter alia challenging the final order passed on 27.12.2024 under Annexure-41 by Opp. Party No.2. Vide the said order, order of termination passed against Opp. Party No.5 on 08.02.2023 by the Petitioner was set aside and the Governing body /Petitioner was directed to allow Opp. Party No.5 to rejoin his former post. 5. Learned Sr. Counsel appearing for the Petitioner contended that because of large-scale irregularities committed by Opp. Party No.5, the Governing Body of the College decided to place Opp. Party No.5 under suspension in its proceeding dt.30.08.2022 and accordingly Opp. Party No.5 was placed under suspension vide order dt.01.09.2022 under Annexure-2 series. Not only that, in the proceeding dt.30.08.2022 under Annexure-2 series, a decision was taken to constitute an interim Committee of three (3) senior members of the Governing body, namely; Mr. Madhusudan Das, Mr. Nikunja Bihari Das and Mr. Satya Charan Mallick to cause an inquiry with regard to the corruption charges made against Opp. Party No.5.

5.1.It is contended that pursuant to the decision taken by the Governing Body in its proceeding dt.30.08,2022 under Annexure-2 series, Opp. Party No.5 was issued with a show- cause initially on 19.09.2022 with various charges by the Committee so formed. Opp. Party No.5 submitted the reply to the same on 24.09.2022 under Annexure-3 series.

5.2. It is contended that subsequently, another show-cause was issued to Opp. Party No.5 with further allegations on 01.10.2022 and Opp. Party NO.5 also submitted his reply to the same on 10.10.2022 under Annexure-4 series. Not only that, a further show-cause was issued with other allegations on 17.10.2022 and Opp. Party No.5 also submitted his reply to the same on 24.10.2022 under Annexure-5 series. Thereafter, another show-cause was issued to Opp. Party No.5 on

12.11.2022 and Opp. Party No.5 also submitted his reply to the same on 22.11.2022 vide Annexure-6 series.

5.3. It is contended that basing on the allegation issued against Opp. Party No.5 in the show-causes dt.19.09.2022, 01.10.2022,17.10.2022 and 12.11.2022 and the reply submitted by Opp. Party No.5 to such allegations vide Annexure-3 series to Annexure-6 series, the Committee formed in terms of the Governing Body resolution dt.30.08.2022 under Annexure-5, submitted a report on 27.12.2022 vide Annexure-8 series. The Committee held Opp. Party No.5 guilty of the allegations and recommended to take stringent action against him by the Petitioner. Basing on such report submitted by the Committee on 27.12.2022 under Annexure-8 series, the Governing body in its proceeding dt.29.12.2022 under Annexure-8 series permitted the Principal of