Motilal Mahalinga vs State Of Orissa And Ors
2023 Latest Caselaw 13438 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     W.P.(C) No. 37307 of 2020

            Motilal Mahalinga                          ........     Petitioner
                                                         Mr. A.C. Behera, Adv.
                                  -Versus-

            State of Orissa and Ors.           .......... Opposite Parties
                                                 Mr. Ch. S. Mishra, AGA

                          CORAM:
                          DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

31.10.2023 Order No.

08. 1. This matter is taken up through hybrid

arrangement.

2. Heard learned counsel for the parties.

3. In this Writ Petition, the Petitioner has

challenged the Office Order No.3037 dated 13.10.2020

passed by the Opposite Party No.2/Collector-cum-DPC,

DRDA, Bargarh disengaging the Petitioner from the post

of Gram Rozgar Sevak (GRS), Dangaghat GP of

Rajborasambar Block in the district of Bargarh.

4. Learned counsel for the Petitioner submits that

the Petitioner was duly selected and appointed as Gram

Rozgar Sevak (GRS) at Patkulanda GP under Barpali

Block in the district of Bargarh vide letter No.20 dated

21.11.2007. He further submits that the Petitioner has

been discharging his duty to the utmost satisfaction of

the authorities without any adverse remarks. The

Petitioner was transferred vide Office Order No.3241

dated 02.11.2019 to Dangaghat, Padampur and he has

joined his new place of posting and discharging his duty

sincerely.

5. Learned counsel for the Petitioner further

contended that the Opposite Party No.2/Collector-cum-

DPC, DRDA, Bargarh issued a show cause notice to the

present Petitioner on account of different allegations

levelled against him vide Letter No.2446 dated

21.08.2020 calling upon him to submit his reply within

30 days from the date of receipt of the notice. In

response to the said show cause notice, the Petitioner

submitted his detailed reply on 05.10.2020. He further

submits that the Opposite Party No.2 without following

the due process of law disengaged the Petitioner from

the post of GRS and terminated the contract with

immediate effect vide Office Order No.3037 dated

13.10.2020. He further submits that this matter is covered

by the judgment of this Court in Manas Kumar Swain

vs. State of Orissa and others, 2020(I) ILR-CUT-357.

6. Learned counsel for the State submits that the

ratio decided in the case of Manas Kumar Swain (supra)

is not applicable to this case. In Manas Kumar Swain

(supra) his service was not extended after it came to end

by efflux of time and he was directed to handover the

charge of his section to his successor immediately. But in

the present case, the Petitioner was disengaged from his

service after he was found negligent in discharging his

duty. Hence, the facts in both the cases are clearly

distinguishable and the ration decided in the case of

Manas Kumar Swain (supra) cannot be applicable to the

present case.

7. In such view of the matter, there was no cogent

evidence found by the Opposite Party No.2/Collector-

cum-DPC, DRDA, Bargarh before terminating the

Petitioner from the post of GRS hence, the conjectures

and surmises upon which the Collector has relied upon

is not acceptable. Accordingly, the impugned order

dated 13.10.2020 passed by the Opposite Party

No.2/Collector-cum-DPC, DRDA, Bargarh for

disengaging the Petitioner from the post of Gram Rozgar

Sevak (GRS) is hereby set aside. The Petitioner be

reinstated to service as GRS within one month from

today.

9. Accordingly, this writ petition is disposed of.

( Dr. S.K. Panigrahi) Judge Murmu

Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 01-Nov-2023 19:25:44