Ranjan Kumar Jit vs State Of Odisha & Others .... ...
2022 Latest Caselaw 7409 Ori

                  HIGH COURT OF ORISSA AT CUTTACK

                          W.A. No.1329 of 2022

      Ranjan Kumar Jit                           ....     Appellant
                           Mr. Jayant Kumar Rath, Sr. Advocate
                          along with Mr. D.N.Rath, Advocate
                                -versus-
      State of Odisha & others                  .... Opp.parties
                 Mr. Manoj Kumar Khuntia, AGA for O.P.Nos.1 to 4
                         CORAM:
                         JUSTICE JASWANT SINGH
                         JUSTICE M.S. SAHOO
                                 ORDER (Oral)

14.12.2022

(Hybrid Mode) Order No.

2. 1. The factual position is that the appellant had competed for recruitment against two advertised posts of Foresters in the open category in Bamra Wildlife Division in the selection carried out in the year 2011-12. One Sri Rajanikanta Patel also competed for the post of Foresters, but against the solitary post in the category of SEBC (open). Based on the marks secured in the written examination and viva-voce test, the appellant secured 65.550 marks and was placed second in the merit list, whereas the said Sri Rajanikanta Patel secured 60.175 marks. The appellant based on his secured merit was appointed on 5th April, 2012 as Forester.

2. The said Sri Rajanikanta Patel filed O.A. before the Odisha Administrative Tribunal seeking enhancement of his awarded marks due to non- marking of certain questions; as also seeking an enquiry against the selection of the appellant on the

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ground that the father of the appellant was one of the appointed evaluators of the answer papers.

3. It is conceded fact that the appellant was not impleaded as a party in the said O.A., which was disposed of by order dated 18.04.2016 with the direction to the authorities to conduct an enquiry on both the aforesaid counts.

It is further conceded that the appellant was not associated in the subsequent Fact finding enquiry conducted by the authorities wherein, it has been held that the father of the appellant was a evaluator for evaluating the answer papers. It has also been held that Sri Rajanikanta Patel was entitled to revision of marks from 66 to 68 marks. Based upon such finding, order dated 25th August,2016 stood passed terminating the services of the appellant, which was impugned in the writ petition before the learned Single Judge and which has been dismissed vide the impugned judgment dated 20th September,2022.

4. It is inter alia contended that admittedly at no stage the principles of natural justice have been followed while proceeding to record findings against the appellant and terminating his services in spite of possessing more than ten years of meritorious unblemished service to his credit.

It is next argued that the findings of increase of marks of Sri Rajanikanta Patel from 66 to 68 marks are not explained as he had been shown to secure 60.175 marks in the original selection list.

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It is further submitted that the stand of the Department is that the father of the appellant had evaluated the answer sheets of the candidates for the posts of Forest Guards and not that of Foresters, for which the appellant was a candidate for recruitment. Thus the finding that the father of the petitioner had checked the answer sheet alone is not sufficient to invoke the principle of "likelihood of bias" in order to set aside the selection and appointment of the appellant who, otherwise has a good academic record throughout.

5. Mr. Khuntia, learned Additional Government Advocate assisted by Mr. Jitendra Kumar Behera, Asst. Conservator of Forest, Bamra Wildlife Division with the record, to pointed queries concedes that the said Sri Rajanikanta Patel has been appointed against the post in the category of SEBC and there is a vacancy available in the open category in the rank of Forester against which the appellant can be temporarily adjusted pending adjudication of the present appeal.

6. Issue formal notice to opposite parties for 14th February,2023.

Mr. Khuntia, learned Additional Government Advocate appears for opposite party nos.1 to 4. Copy of the writ appeal be served on him.

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Let notice be issued to opposite party no.5 through Speed Post with A.D., requisites for which shall be filed within seven working days.

List on 14th February,2023.

As an interim measure, the appellant, if already relieved shall be reinstated and permitted to discharge his duties as a Forester by adjustment against the available vacancy in the open category.

(Jaswant Singh) Judge

(M.S. Sahoo) Judge

Gs/Radha 14th December, 2022 Cuttack