UDAYA KUMAR JENA Vs. DIRECTOR OF SECONDARY EDUCATION, ODISHA
HIGH COURT OF ORISSA
Udaya Kumar Jena
Director Of Secondary Education, Odisha
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BISWANATH RATH,J. -
(1.) This writ petition involves a challenge to the order of disengagement dated 04.12.2002 appearing at Annexure-6 brought by way of amendment to the writ petition.
(2.) Sri Rath, learned Senior Counsel for the petitioner taking this Court to the reference of the Resolution of the Managing Committee dated 15.10.1994 submitted that the Resolution was the reason of termination of the petitioner on the earlier occasion. Taking this Court through the pleadings and the developments through Annexure-1, Sri Rath contended that the order of termination of the Managing Committee was set aside by the Appellate Authority and for the remittance of the matter to the Managing Committee for fresh consideration of the case involving the petitioner however, providing opportunity of hearing to the petitioner, there was fresh submission of charge-sheet on the petitioner through Annexure-4. It is pursuant to submission of charge-sheet and asking for explanation through the show-cause notice, vide Annexure4, it appears petitioner has already submitted his explanation vide Annexure-5 of the brief.
(3.) It is in this situation of the matter and once the termination order passed by the Managing Committee in the year 1994 was set aside, Sri Rath, learned Senior Counsel for the petitioner taking this Court to the reason involving the impugned order at Annexure-6 submitted that there is no question of again referring to the Resolution of the Managing Committee, which was not in existence as per law. Further Sri Rath also contended that there is also a glaring defect in the impugned order, inasmuch as, when the order of termination was passed on 04.12.2002, there cannot be retrospective termination of an employee, which is also contrary to law. It is in the circumstance, Sri Rath, learned Senior Counsel for the petitioner submitted that this Court interfering in the impugned order ought to set aside the same and grant appropriate relief to the petitioner.;
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