Orissa High Court
Birendra Kumar Majhi vs State Of Odisha And Others on 6 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.265 of 2022
Birendra Kumar Majhi .... Petitioner
Mr. K.K. Swain, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. S. Jena,
Standing Counsel S & ME.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 06.01.2022
01. 1. This matter is taken up through Hybrid Arrangement (Video
Conferencing/Physical Mode).
2. Heard Mr. K.K. Swain, learned counsel for the Petitioners and
Mr. S. Jena, learned Standing Counsel appearing for the School and
Mass Education Department.
3. The present writ petition has been filed by the Petitioner on the
apprehension that his service might be terminated by the authority on
the ground that the Petitioner and similarly situated many other
persons certificates have been found to be fake by the authority.
4. The learned counsel for the Petitioner draws the attention of
the Court to one such letter dated 21.12.2021 under Annexure-4,
whereby an F.I.R. has been lodged against the present Petitioner, who
was Level-V Assistant Teacher (Ex-Cadre), Government, P.S.
Nuamunda under Tumudibandha Block for production of fake OTET
certificate. It is further submitted that the matter is under
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investigation.
5. Mr. S. Jena, learned counsel appearing for the School and
Mass Education Department submits that the writ petition is
premature and based on Petitioner's apprehension only. No coercive
action as of now has been taken against the Petitioner by the
departmental authority. He further submits that the issue of fake
certificate operation of the Court in PIL bearing W.P.(C) No. 18752
of 2018 and therein this Court has expressed seriously displeasure
because of inaction by the departmental authority. Pursuant to such
order, the departmental authorities have been taking prompt action to
find out the cases where fake certificates have been produced before
the authorities.
6. Learned counsel for the Petitioner advanced his argument
relying upon a notification of the Government of Odisha on 22md
December, 2016, submits that Gana Sikshyak is required to pass
OTET within 31st March, 2019, if he has not passed OTET earlier. If
he/she does not pass the OTET by such date, he/she will not be
eligible to get any further increment after 31st March, 2019. This
Court considered the view that such notification has no relevance to
the present case and circumstances.
7. Further, learned counsel for the Petitioner produced interim
orders passed by this Court in some similar matter. On perusal of
those orders reveal that those are interim orders passed on the fact
those cases. Learned counsel for the Petitioner further relies upon the
judgment of this Court in the case of Biswanath Sethi vrs. State of
Odisha and others : reported 2021 (I) OLR 555.
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8. On perusal of such judgment that the dispute has only directed
to follow the procedure of law as provided i.e. Rule-15 of OCS
(CCA) Rules, 1962 before taking in punitive action against any
delinquent employee.
9. Coming back to the fact of the present case, it is seen from the
record that the allegation of submission of fake OTET certificate
issued by the Board of Secondary Education, Odisha in favour of the
action against the Petitioner has been taken as of now. On
verification the authority found that the certificate produced by the
Petitioner is a fake one. Accordingly, only an F.I.R. has been lodged
against the Petitioner before the O.I.C. Tumudibandha Police Station
in the district of Kandhamal.
10. Learned counsel for the Petitioner is not sure as to whether any
proceeding has been initiated against the Petitioner.
11. In view of the facts and circumstances of the case narrated
above, this Court finds that the writ petition filed by the Petitioner is
premature at this stage. Moreover, it is made clear that the Opposite
Parties or any other department authorities before taking any punitive
action against the Petitioner or any similarly situated persons have to
follow the procedure of law, particularly Rule-15 of the O.C.S.
(CCA) Rules, 1962. By now it is settled principle of law that no
punitive action can be taken against the delinquent employee without
following principle of natural justice that is without providing any
opportunity of show cause to the Petitioner to present his case before
coming to a conclusion with regard to the genuineness of the
certificate produced by the Petitioner.
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12. In such view of the matter, this Court is of the opinion that no
direction is required to be given to the Opposite Parties as the
Opposite Parties are under a legal obligation to follow the procedure
of law before taking any action against any of the delinquent
employees.
13. With the aforesaid observation, the writ petition is disposed of.
14. Urgent certified copy of this order be granted on proper
application.
Jagabandhu ( A.K. Mohapatra)
Judge
