Chakradhar Kabat vs State Of Odisha & Others
2021 Latest Caselaw 11935 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  FAO No.35 of 2020

            Chakradhar Kabat                      ....        Appellant

                                          Mr.Gopinath Sethi, Advocate

                                 -versus-
            State of Odisha & others              ....       Respondents

                         Mr. S. Jena, Standing Counsel for School and
                                         Mass Education Department ,




                      CORAM:
                      JUSTICE M.S.SAHOO
                                      ORDER

22.11.2021 Order No. 1 This matter is taken up through hybrid mode.

Heard Mr. Sethi, learned counsel for the appellant and Mr. Jena, learned Standing Counsel for the School and Mass Education Department.

The First Appeal arises out of the judgment and order dated 18.12.2019 passed by the learned Odisha State Education Tribunal, Bhubaneswar in GIA Case No.194 of 2018.

The GIA Case No.194 of 2018 was filed by the petitioner-applicant before the State Education Tribunal while working as Assistant Teacher in Gandarda High School at Gandarda in the district of Balasore under Section 24-B of the Orissa Education Act,1969 challenging the order dated 13.02.2018 passed by respondent no.1 (opposite party no.1 before the learned Tribunal) wherein // 2 //

the claim of the approval of the appointment of the petitioner-appellant was rejected.

On perusal of the judgment and order passed by the learned State Education Tribunal, particularly at paragraph-3, it is found that no counter affidavit was filed on behalf of any of the opposite parties before the learned Tribunal.

Mr. Jena, learned Standing Counsel for the School and Mass Education Department, fairly submits that no counter affidavit was filed, but the finding of fact as arrived at by the learned Tribunal is correct and on that basis, he supports the judgment of the learned Tribunal.

It is apparent from the judgment and order passed by the learned Tribunal that the learned Tribunal has delved into the facts of the case and given a factual finding, without any counter being filed by the appropriate authority or other opposite parties before the learned Tribunal. Further, the order has been passed giving a factual finding against the petitioner, though no one had controverted the averments as no counter was filed.

In such view of the matter, the judgment and order dated 18.12.2019 is set aside and the matter is remanded back to the learned Tribunal for fresh adjudication, after filing of the counter affidavit by the State and other opposite party, within a time that is to be stipulated by the learned Tribunal.

The appellant undertakes to appear before the learned Tribunal on 15.12.2021. The learned Tribunal shall do well to direct the respondent nos.1, 2 and 3 to file their counter and issue notice to respondent no.4. Mr. Jena,

// 3 //

learned Standing Counsel for the School and Mass Education Department undertake to intimate the appropriate authority (opposite party nos.1, 2 & 3) to file their counter affidavit by 25.01.2022. The Tribunal shall decide the matter after issuance of notice to respondent no.4 as well and filing of counter affidavit by respondent no.4 if so advised.

The FAO is accordingly allowed.

Urgent certified copy of this order be granted on proper application.

Let copy of the order be uploaded in website.

( M.S.Sahoo) Judge

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