BASANT KUMAR PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner, on being selected by the Selection Committee headed by the Secretary to the Govt. of Orissa in Tourism Department -Opposite Party No. 1, was, appointed as Financial Controller -cum -Secretary in the Orissa Tourism Development Corporation (hereinafter Corporation) by Order Dated 29.08.1988 (Annexure -1). The Petitioner after serving the Corporation for more than fifteen years was terminated from service by the Order Dated 30.06.2003 (Annexure -2) passed by the Managing Director of the Corporation -Opposite Party No. 2. Aggrieved by the said order of termination, the Petitioner on 08.07.2003 filed an appeal before the Chairman of the Corporation -Opposite Party No. 3. Since the Chairman did not dispose of the appeal, the Petitioner approached this Court in a writ application bearing W.P.(C) No. 3321 of 2004, which was disposed of on 23.11.2004 with a direction to the Opposite Parties to dispose of the appeal filed by the Petitioner within a period of two months from the date of receipt of the order. On receipt of the aforesaid order of this Court, Opposite Party No. 3, on 08.07.2005 disposed of the appeal filed by the Petitioner with a direction to the Managing Director to hear the Petitioner and dispose of the appeal by a speaking order as the Disciplinary Authority while imposing major penalty had not followed the principle of natural justice. On 21.11:2005, Opposite Party No. 2 without conducting any enquiry as provided under Rule -15 of the Orissa Civil Service (Classification, Control and Appeal) Rules, 1962 passed the order of termination vide Annexure -6, even though the Petitioner was superannuated since 31.01.2005. The said order under Annexure -6 is now impugned in this writ application.

(2.) THOUGH counter affidavit has not yet been filed in this case, yet the entire record pertaining to this case was produced before us by the Counsel for the Opposite Parties.

(3.) BEFORE considering the merits and the contentions of the Opposite Parties, we refer to Annexure -1, the appointment order of the Petitioner dated 29.08.1988, which indicates that the Petitioner was appointed as Financial Controller -cum -Secretary in the Head Office of the Corporation in the scale of pay of Rs. 2550 -3650 and his appointment was purely temporary terminable at any time without prior notice and without assigning any reason thereof. The undisputed fact is that the Petitioner has served the Corporation for a period of fifteen years. Annexure 2, the order of termination of the Petitioner dated 30.06.2003, indicates that the service of Sri Basanta Kumar Pattnaik, Financial Controller -cum -Secretary of the Corporation, stands terminated with effect from 30.06.2003 afternoon and in consideration of his long services rendered to the Corporation, the Management was pleased to pay him three months' salary in addition to the terminal benefits due to him.