Orissa High Court
Odisha Nursing Employees vs State Of Odisha And Others on 18 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5707 of 2022
(Through hybrid mode)
Odisha Nursing Employees .... Petitioners
Association and others
Mr. Siba Narayan Biswal, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Ms. Suman Pattanayak, Addl. Govt. Advocate
Mr. B.K. Nayak, Advocate
CORAM: JUSTICE ARINDAM SINHA
ORDER
18.10.2022
Order
No.
5. 1. The writ petition has been listed under heading 'To be
Mentioned' at instance of Court since, it was tagged with W.P.(C)
no.2601 of 2022 (Suchismita Dash and another v. State of Odisha
and others) disposed of by judgment dated 17th October, 2022. As
no submission was made regarding tagged items at the time, hence,
direction for listing.
2. Mr. Biswal, learned advocate appears on behalf of the
association and other petitioners and submits, impugned is, inter
alia, memo dated 22nd February, 2022 informing approval of the
Government on following two points, extracted and reproduced
// 2 //
below.
"1.To initiate disciplinary action taken against the
former office bearers elected in the year of 2017, as per
provisions of conduct rules for not holding the election in
time, taking Covid-19 pandemic as a cause of delay
which came in the month of March, 2020.
2. To initiate disciplinary action against the members of
the association who have Conducted the election without
taking prior permission of the Government in the
Administrative Department on 14.09.2021 & 15.09.2021
as per provisions of conduct rules."
3. Mr. Nayak, learned advocate appears on behalf of private
opposite parties while Ms. Pattanayak, learned advocate, Additional
Government Advocate, on behalf of State.
4. On consent of parties, the writ petition is taken up for hearing
and disposed of at this stage.
5. Paragraph-5 from judgment dated 17th October, 2022 (supra)
is reproduced below.
"5. Neither State nor opposite party nos.6, 7 and 8 have
been able to demonstrate, there is requirement under the
bylaws to obtain permission to conduct election.
Nevertheless, petitioners themselves sought permission
and it was granted by the Home Department on 13th
September, 2021 on conditions and subject to rider that H
& FW Department would pronounce on whether it was
conducive to hold the election. It would appear from
// 3 //
letter dated 15th September, 2021 of cancellation by the
H & FW Department that there is no reference to the
pandemic as basis for the cancellation. Letter bearing
no.32712 dated 15th September, 2021 of cancellation by
Home Department was not disclosed by State. In the
circumstances petitioners are justified in contending that
they conducted election on permission granted by Home
Department.
In addition, it appears from the two points approved that they are
contradictory to each other. First point says, initiate disciplinary
action for not holding election in time taking Covid-19 pandemic as
basis for delay. Second point says, initiate action for having
conducted the election without taking prior permission of the
Government. Moreover, it will appear from above extracted
paragraph-5 of judgment dated 17th October, 2022 (supra) that this
Bench found, petitioners in said writ petition could not be faulted for
having conducted the election.
6. For reasons aforesaid, impugned memo dated 22nd February,
2022 and all others connected thereto are set aside and quashed.
7. The writ petition is disposed of.
(Arindam Sinha)
Judge
Sks
