Orissa High Court
Nabin Kumar Nayak vs State Of Odisha & Ors on 12 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 14447 of 2022
Nabin Kumar Nayak .... Petitioner
Mr. S.K. Das, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. H.K. Panigrahi, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
12.05.2023
Order No
06. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. S.K. Das, learned counsel for the Petitioner and Mr.
H.K. Panigrahi, learned Addl. Standing Counsel appearing for the
Opp. Parties.
3. The Petitioner has filed the present writ petition challenging the
initial order issued by the Govt. under Annexure-8, wherein a
direction was issued to the Governing Body of the College to
remove the Petitioner from the post of Principal in-charge and
consequential order passed under Annexure-9 on 07.05.2022 and
order dtd.11.05.2022 under Annexure-10.
4. Learned counsel for the Petitioner contended that without
causing any enquiry and without providing any opportunity of
hearing, Govt.-O.P. No. 1 straight away issued under Annexure-8
by directing the Governing Body to remove the Petitioner from the
post of Principal in-charge of the College.
// 2 //
5. On receipt of the said order at Annexure-8 the Governing Body
vide order dtd.07.05.2022 under Annexure-9 removed the Petitioner
from the post of Principal on the administrative ground with
immediate effect. Subsequently, vide order dtd.11.05.2022 the
senior most lecturer namely Sri Harish Chandra Panigrahi, lecturer
in Odia was kept in formal charge of Principal, but with the
condition that he should not exercise any financial power.
6. Mr. Das vehemently contended that the Petitioner is no way
involved in any misappropriation and in support of his stand he has
got document that he is not involved in any misappropriation. It is
also contended that in view of the decision of this Court in the case
of Satyajit Roy Choudhury Vs. State of Odisha & ors.((W.P.(C)
No. 18092 of 2018) vide Judgment dtd.24.02.2023 so confirmed by
the Writ Appellate Court in Writ Appeal No. 500 of 2023, the order
at Annexure-8 required immediate modification by the Govt.
7. Mr. Panigrahi, learned ASC on the other hand contended that
since the Govt.-Opp. Party found illegality and irregularity with
regard to functioning of Principal and Principal in-charge of the
College, the order at Annexure-8 was issued and it was
implemented by the Governing Body under Annexure-9.
8. Having heard learned counsel for the Parties and taking into
account the stand taken by the Petitioner that no fault has been
found with the Petitioner with regard to misappropriation by the
concerned Auditor, who audited the college account, this Court is
of the view that the Petitioner is to approach the Opp. Party No. 1
by making an appropriate application for recalling of the order
dtd.05.05.2022. It is observed that if the Petitioner moves an
appropriate application along with the relevant documents and the
// 3 //
Judgment relied in the case of Satyajit Roy Choudhury Vs. State of
Odisha & ors. within a period of 10 (ten) days from today, Opp.
Party No. 1 shall take a lawful decision on the same by providing a
personal hearing to the Petitioner within a further period of one (1)
month.
9. The writ petition is accordingly disposed of with the aforesaid
observation and direction.
(Biraja Prasanna Satapathy)
Judge
Sneha
Signature Not Verified
Digitally Signed
Signed by: SNEHANJALI PARIDA
Designation: Jr. Stenographer
Reason: Authentication
Location: Cuttack
Date: 15-May-2023 19:42:20
