Orissa High Court
Mahendra Kumar Guin vs State Of Odisha And Ors on 10 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10239 of 2022
Mahendra Kumar Guin .... Petitioner
Mr. Satyajit Behera, Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. Biswajit Mohanty, SC
(for S & ME Deptt.)
CORAM:
MR. JUSTICE S.K. PANIGRAHI
ORDER
Order No. 10.05.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard.
3. The petitioner has filed this writ petition challenging the order
of punishment dated 14.12.2020 passed by the opposite party
No.4-Block Education Officer, Keonjhar Sadar, Keonjhar who is
not his appointing authority.
4. Learned counsel for the petitioner submits that while the
petitioner was serving as an Assistant Teacher in Atopur Nodal
U.P. School, in the district of Keonjhar, he was placed under
suspension due to his arrest in Keonjhar Town P.S. Case No.143
of 2012. Later, he was acquitted of the charges vide judgment
dated 20.02.2019 passed by the learned J.M.F.C., Keonjhar in
G.R. No.764 of 2012/ TC No.202 of 2018. Learned counsel for
the petitioner further submits that the opposite party No.4-Block
Education Officer, Keonjhar Sadar, Keonjhar is not the competent
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authority to pass such order of punishment. Instead the opposite
party No.3- District Education Officer, Keonjhar is the competent
authority to pass such order as per the letter dated 06.07.2013
issued by the Government of Odisha, School and Mass Education
Department, wherein it has been clearly prescribed as follows:
"The District Education Officer will be the
appointing authority and cadre controlling authority
of ministerial staff, teaching and non-teaching staff
of the Government Secondary and Elementary
Schools of the concerned revenue district except the
cadre which belongs to State cadre. The cadre of
the Elementary teachers, zilla parishad teachers and
Secondary School teacher (except th cadre which
belongs to State cadre) shall be revenue district
cadre instead of education district/ Circle cadre."
In such view of the matter, the petitioner approached the opposite
party No.2- Director, Elementary Education, Odisha,
Bhubaneswar under Rule-22 of OCS (CCA) Rules, 1962 by filing
an appeal against the order of punishment dated 14.12.2020
passed by the opposite party No.4-Block Education Officer,
Keonjhar Sadar, Keonjhar. However, the opposite party No.2-
Director, Elementary Education, Odisha, Bhubaneswar has not
yet decided the said appeal. Hence, the petitioner is constrained to
approach this Court for expeditious disposal of the said appeal.
5. In such view of the matter, let the appeal of the petitioner be
disposed of by the opposite party No.2- Director, Elementary
Education, Odisha, Bhubaneswar within a period of one month
from the date of presentation of a certified copy of this order
along with a copy of the writ petition.
6. Accordingly, this writ petition is disposed of.
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7. Urgent certified copy of this order be granted on proper
application.
( S.K. Panigrahi)
Judge
BJ
