Orissa High Court
Jyoti Ranjan Das vs State Of Odisha & Others on 14 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 25987 of 2023
Jyoti Ranjan Das .... Petitioner
Mr.Ashok Kumar Das, Adv.
-versus-
State of Odisha & others .... Opposite Parties
Mr.R.K.Nayak,Adv.
(for O.P.No.5)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 14.08.2023
01 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
3. The Petitioner has filed this Writ Petition seeking direction
from this Court to opposite party Nos.1 and 2 to take a
decision on the letter No.1429 dated 09.06.2022 issued by the
opposite party No.6 seeking clarification contained in
Annexure-4 and representation dated 28.11.2022 contained in
Annexure-5 respectively.
4. The brief fact of the case is that as per the advertisement
published during December, 2011 the petitioner applied for
the post of Sikshya Sahayak of Bhadrak-1 Education District.
After being selected in recruitment the petitioner was
engaged as Sikshya Sahayak vide Engagement Order No.1169
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 17-Aug-2023 11:34:34
// 2 //
dated 20.04.2013 and posted at Tentuligadia Primary school of
Bhadrak Block. While the petitioner was continuing as such,
based on the allegation of sexual assault to the students an
F.I.R. was registered against him for the offences under
Section 347/377/506 of the Indian Penal Code. Taking into
account his criminal act of offence, the Collector-cum-
Chairman, S.S. Bhadrak disengaged him from the service
vide office order No.2229 dated 25.07.2016.
5. Learned counsel for the petitioner submits that though the
petitioner was acquitted from the charges of sexual assault
vide judgment dated 25.10.2019 passed by the Hon'ble ADJ-
cum-Special Judge, Bhadrak and approached the authorities
along with the representation for his re-engagement in the
Sikshya Sahayak (Junior Teacher Contractual), it was not
considered on the ground that there are no guidelines/
circulars regarding re-engagement of a Sikshya Sahayak
(Junior Teacher Contractual), after disengagement.
6. Learned counsel for the State submits that the re-
engagement of the petitioner has not been considered on the
ground of pendency of Disciplinary Proceeding against him.
7. However, considering the above facts and submission
made as well as without expressing any opinion on the merits
of the case, this Court disposes of the case with a direction to
the Opposite Party No.2/Commissioner-cum-Secretary to
Government, Social Security and Employment of persons
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 17-Aug-2023 11:34:34
// 3 //
with Disabilities Department to consider the representation
under Annexure-5 and pass a reasonable order within a
period of four weeks from the date of receipt of certified copy
of this order along with writ petition.
8. The Writ Petition is accordingly disposed of.
(Dr. S.K. Panigrahi)
Judge
LB
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 17-Aug-2023 11:34:34
