Jagannath Parida vs State Of Odisha And
2024 Latest Caselaw 536 Ori

Orissa High Court

Jagannath Parida vs State Of Odisha And on 10 January, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK


                        W.P.(C) No.260 of 2024


        Jagannath Parida                 ....                   Petitioner
                                                 Mr. H.K. Mund, Advocate

                                      -versus-
        State of Odisha and
        Others                           ....                Opposite Parties
                                                      Mr. B.P. Tripathy, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

10.01.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. H.K. Mund, learned counsel for the Petitioner and Mr. B.P. Tripathy, learned Addl. Govt. Advocate for the State.

3. Petitioner has filed the present Writ Petition inter alia with a prayer to set aside the order of dismissal passed on 08.05.1995 under Annexure-1.

3.1. It is contended by Mr. Mund, learned counsel for the petitioner that the petitioner was so terminated from his services on the ground that the petitioner produced forged HSC Certificate at the time of his selection and appointment. It is also contended that for the self same allegation, petitioner was also proceeded with in G.R. Case No.19 of 1994.

// 2 //

3.2. It is contended that the order of conviction and sentence passed in the G.R. case though was confirmed in appeal, but this Court in Criminal Revision No.378 of 2022 vide its judgment dated 14.07.2022 under Annexure-2 passed an order of acquittal. It is accordingly contended that since the petitioner has been acquitted from the criminal charges, the order of termination passed on the ground indicated in Annexure-1 no more subsists and the petitioner is accordingly eligible to get the benefit of pension and other pensionary benefits. This Court considering the stand taken in the Writ Petition directs learned counsel for the Petitioner to produce the requirement of appointment as a Primary School Teacher in the year 1980 and what was the prescribed qualification at that point of time.

4. Learned counsel for the Petitioner prays for some time to obtain instruction and produce the relevant documents in that regard.

5. As requested, list this matter in the week commencing 29.01.2024.

(Biraja Prasanna Satapathy) Judge

Basudev

Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 13-Jan-2024 11:30:31