Orissa High Court
Niranjan Parida vs Orissa State Cashew Development .... ... on 25 June, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11415 of 2015
(In the matter of an application under Articles 226 and 227 of the
Constitution of India, 1950).
Niranjan Parida .... Petitioner(s)
-versus-
Orissa State Cashew Development .... Opposite Party (s)
Corporation Ltd. & Anr.
Advocates appeared in the case through Hybrid Mode:
For Petitioner(s) : Mr. D.K. Sahu, Adv.
For Opposite Party (s) : Mr. G.R. Mohapatra, ASC
Mr. A.K. Dash, Adv.
(for O.Ps.1 & 2)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
DATE OF HEARING:-30.04.2024
DATE OF JUDGMENT: -25.06.2024
Dr. S.K. Panigrahi, J.
1. The Petitioner through this Writ Petition has challenged the order
passed by the Divisional Manager, OSCEDC, Bhubaneswar vide letter
No.371/OSCDC dated 05.04.2014 and the order dated 10.06.2014 passed
by the Managing Director, OSCEDC arbitrarily without appreciating the
materials available on record.
I. CASE OF THE PETITIONER:
2. The brief fact of the case is that:
(i) The Petitioner was working as Plantation Assistant in Orissa State
Cashew Development Corporation Ltd. (hereinafter referred to as
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:14
OSCDC) since 1981 vide appointment letter No -2040, dated 03/09/1981.
The petitioner was subsequently performing the duty of Plantation
Supervisor i.e. In-charge, Plantation Supervisor, in the year 2006 and
entrusted for Production of Cashew graft.
(ii) The matter of allegation arose when a target given to the petitioner to
raise cashew graft of 1,50,000 (One Lakh Fifty Thousand) for the year
2012 but due to negligence on the part of Department like Supply of
polythine cashew seed and funds, the petitioner was unable to meet the
target. Therefore, the petitioner raised seedling 1,20,000, (One Lakh
Twenty Thousand) in the months of September-October, 2011 (First
phase) though the First phase should be raised within June 2011.
(iii) It is submitted that in the end of December, 2011, leaf sport disease
(pests) affected cashew seedlings in Niamuhan Nursery. In spite of all
efforts somehow the condition of cashew seedling was cured to some
extent but not satisfactory. Therefore, the petitioner approached the
higher authority by submitting a representation on 21.03.2012 bearing
letter No.23 stating therein that the in spite of several efforts for
prevention of pest in nursery, no result was fruitful.
(iv) It is further submitted that the Opposite Party No.1 along with the
General Manager, Technical and Divisional Manager, Khurda inspected
the spot on 21.07.2012. The Nursery alleged both General Manager,
Technical and Divisional Manager, they are responsible for this damage
due to inaction and negligence on their part.
(v) It is submitted that the Opposite Party No.1 along with the
representation of the petitioner issued a show cause notice vide letter
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No.4479, dated 27.07.2012, mentioning huge loss of the corporation and
due to the negligence on the part of petitioner, such damage has been
caused. In response to said show cause, the petitioner submitted a reply
to show cause vide his letter No.55 dated 31.07.2012, that there is no
negligence on the part of the petitioner as he has tried his best to clear
this problem and also approached the higher authority in time to
remedy the problem, but no step has been taken by them.
(vi) It is submitted that the said Opposite Party No.1, without going
through the reply of the Petitioner, in response to earlier show cause
dated 27.07.2012, intentionally once again issued further show cause
vide Letter No.5355, dated 04.10.2012 mentioning the same ground of
short fall of cashew graft and negligence on the part of the Petitioner. In
this connection, the Petitioner has filed reply to show cause dated
15.10.2012 mentioning details about the problem faced by him and step
taken by him.
(vii) Thereafter, the Opposite Party No.2 issued recovery of outstanding vide
letter No.280 dated 23.03.2013 against the Petitioner and directed him to
deposit a sum of Rs.1,78,794/ within 31.03.2013. However, said letter
was received by the Petitioner on 03.04.2013. Subsequent to which on
09.04.2013, the Petitioner filled a representation before the Opposite
Parties 1 and 2 alleging that the punishment is disproportionate,
discriminatory, arbitrary and without perusal of records.
(viii) Thereafter, the Petitioner has filed a Writ Petition bearing W.P.(C)
No.18862 of 2013 before this Court, which was disposed of at the stage
of admission on 17.01.2014 with a direction to the Opposite Party No.2
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to consider the representation within four weeks from receipt of
certified copy of that order.
(ix) Accordingly, the Petitioner has submitted certified copy of the order of
this Court before the Opposite Party No.2. In response to the said order,
the Opposite Party No.2 disposed of the same vide letter
No.371/OSCDC dated 05.04.2014. Unlike the previous order vide letter
No.280 dated 23rd March, 2013 issued by said Opposite Party No.2, this
order dated 05.04.2014 is completely illegal, arbitrary, improper as such
gross violation of natural justice. In this proceeding, the authority
mechanically passed the recovery order in an illegal manner.
(x) Hence, this Writ Petition.
II. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTY :
3. Learned counsel for the Opposite Party Nos.1 and 2 earnestly made the
following submissions in support of his contentions.
(i) It is submitted that the Petitioner who was the In-charge of Niamuhan
Cashew Clonal Nursery under Khordha Division of the Corporation
was given the target for production and supply of 1,50,000 numbers of
plantable cashew grafts from the said nursery for the financial year
2012-13 (2012 planting). Accordingly, the Petitioner was provided a sum
of Rs.9,81,876/- for production and supply of 1,50,000 numbers of
plantable cashew grafts. The Petitioner could not even raise the
required number of cashew seedlings to meet the target for production
and supply of plantable cashew grafts. He supplied only 86,732
numbers of plantable cashew grafts during the year 2012-13 as against
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Date: 25-Jun-2024 17:34:14
the target of 1,50,000 numbers, thereby leaving a short fall of 63,268
numbers of plantable cashew grafts due to his negligence the
Corporation had to suffer financial losses.
(ii) An inquiry was conducted to that effect by the General Manager
(Technical) of the Corporation and after reviewing the position of
production of cashew grafts, it was found that although the funds were
provided, the Petitioner had not properly utilized the same on purchase
of agro inputs for proper growth of the cashew seedlings and grafts. An
explanation was called for from the Petitioner after calculating the total
cost of 86,732 numbers of cashew grafts supplied by the petitioner
which was arrived at Rs.8,03,082/-. The Petitioner was intimated to
deposit the balance outstanding amount of Rs.1,78,794/-. Without
making deposit of the same, the Petitioner submitted a representation
dated 09.04.2013 to waive of the same.
(iii) The Petitioner also filed a Writ Petition bearing W.P.(C) No.18862 of
2013 which was disposed of by the order dated 17.01.2014 with a
direction to the Corporation to dispose of the representation of the
Petitioner in accordance with law. After receipt of the copy of the order
from this Court, the Corporation conducted a detailed inquiry through
the General Manager, Technical along with the Opp. Party No.2 under
the Opp. Party No.1 on 04.04.2014 in order to ascertain the factual
position and it was found that there was negligence on the part of the
Petitioner and the Petitioner was liable to deposit the balance
outstanding amount of Rs.1,78,794/- against the cash advance and
materials received by him amounting to Rs.9,81,876/-.
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Date: 25-Jun-2024 17:34:14
(iv) The Petitioner also preferred an appeal before the higher authority.
After examining the appeal petition with relevant official records and
after hearing the Petitioner-in-person, the appellate authority observed
that the Petitioner did not raise the required numbers of seedlings to
meet the target for production and supply of 1,50,000 numbers of
plantable cashew plants during 2012 planting season. It was further
observed that he had not even applied the appropriate doses of
pesticides and spray solutions over the disease affected seedlings in
spite of recommendation of the Plant Protection Officer, Khordha, for
which the affected seedlings could not revive, resulting in huge short
fall in target for production and supply of cashew plants even though
required funds were supplied to him, for which the Corporation had
sustained huge financial loss. Accordingly, the appeal petition of the
petitioner was disposed of and the Petitioner was intimated about the
same vide letter dated 10.02.2014 to the Writ Petition.
(v) It is submitted that the Petitioner retired from the Corporation service
on 31.03.2013. After his retirement, the Corporation sanctioned for
payment of leave salary in lieu of unutilized earned leave for 300 days
in favour of the Petitioner which was calculated to Rs.2,05,740/-. The
Corporation after deducting a sum of Rs.1,78,794/- towards recovery of
outstanding advance amount, the balance leave salary amount of
Rs.26,946/- was paid to the Petitioner in shape of cheque vide the letter
dated 17.04.2015. Hence, before receipt of the order dated 06.07.2015
from this Court, the Corporation had already recovered the amount of
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:14
Rs.1,78,794/- from the retrial benefit of the Petitioner towards his
outstanding advance.
(vi) It is submitted that the Petitioner, being an outsider, was initially
appointed temporarily by the Opp. Party- Corporation vide order
No.2040 dated 03.09.1981 to work as Plantation Assistant on ad hoc
basis for a period of 45 days with effect from the date he reported for
duty considering field requirement with the terms and conditions that
the appointment was purely temporary and could be terminated at any
time even before the completion of 45 days without assigning any
reasons thereto as at Annexure-1 to the Writ Petition. Knowing fully
well about the terms of appointment and after accepting the same, the
petitioner joined in the service under the Corporation. Thereafter,
taking field requirement into consideration, the petitioner was being
engaged temporarily from time to time on ad hoc basis for specific
period as per the above terms and conditions as and when required
with breaks in service till 30.04.1995.
(vii) The service of the Petitioner till 30.04.1995 was not continuous in nature.
However, the Corporation regularized the service of the petitioner in
the post of Plantation Assistant along with similarly placed ad hoc
employees with effect from 01.05.1995 vide Office Order No.5533 dated
01.05.1995 considering their past ad hoc services. Thereafter, the
petitioner worked as a regular Plantation Assistant under the
Corporation for the period from 01.05.1995 till the date of his retirement
on 31.03.2013.
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:14
(viii) It is submitted that due to inaction, negligence and carelessness
committed by the Petitioner, the Corporation sustained huge financial
loss for shortfall in supply of required numbers of cashew grafts from
Niamuhan Nursery for 2012 planting season as against the target of
1,50,000 numbers. The Petitioner has taken various pleas in his
representations only blaming others to cover up his lapses.
(ix) Learned counsel for the Opposite Part, accordingly, prays for dismissal
of this Writ Petition.
III. COURT'S REASONING AND ANALYSIS:
4. The Petitioner, being the In-charge of Niamuhan Cashew Clonal
Nursery under Khordha Division of the Corporation, was given a target
for production and supply of 1,50,000 numbers of plantable cashew
grafts from the said nursery for the year 2012-13 (2012 planting). The
Opp. Party No.2 had supplied required polythene, cashew seeds, funds
and materials to the petitioner in time as per his requisitions for
production and supply of 1,50,000 numbers of plantable cashew grafts
during the year 2012-13 (2012 planting).
5. Accordingly, the Petitioner received both cash and materials amounting
to a total of Rs.9,81,876/- from the office of the Divisional Manager,
Khordha (Opp. Party No.2) in different phases from the year 2011 till
the end of July, 2012 for production and supply of 1,50,000 numbers of
plantable cashew grafts for the year 2012-13 (2012 planting). In spite of
that, the Petitioner could not even raise required numbers of cashew
seedlings
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:14
numbers of plantable cashew grafts and he supplied only 86,732 nos. of
plantable cashew grafts during the year 2012-13 (2012 planting), thereby
a shortfall of 63,268 numbers of plantable cashew grafts occurred due to
his negligence resulting in financial loss to the Corporation.
6. After getting information from the Petitioner, the Opp. Party No.2
personally contacted the Plant protection Officer, Khordha regarding
pest attack in the Nursery. In response to the request of the Opp. Party
No.2, the Plant Protection Officer, Khordha verified the spot and
prescribed the required dose of medicine to be applied for eradication
of the pest attack. All assistance was also given to him from the Plant
Protection Officer to protect the plants from pests.
7. The soil testing analysis reports showed that the pot mixture used by
the Petitioner for production of grafts of very was low standard which
resulted in mortality of seedlings as well as cashew grafts. Further, the
Petitioner utilized spray solution of Chemazole and Streptomycin at a
lower dose which is far less than the prescribed dose, for which the
affected cashew seedlings and grafts could not be recouped as per the
findings of the inquiry conducted by the General Manager, Technical of
the Corporation along with the Opp. Party No.2 on 04.04.2014.
8. The Managing Director and General Manager, Technical of the Opp.
Party No.1-Corporation had inspected the said Niamuhan Nursery on
dated 21.07.2012 and reviewed the position of production of cashew
grafts for 2012 planting year as well as maintenance and care of the
cashew grafts and seedlings. It was found that although funds were
provided, the petitioner had not properly utilized the same on purchase
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:14
of agro inputs for proper growth of the grafts. This shows his insincerity
in his work.
9. On seeing the poor position, the Managing Director expressed her
displeasure over the gross negligence in duty on the part of the
Petitioner and financial loss of the Corporation and called for
explanation from the Petitioner vide confidential letter No.4479 dated
27.07.2012 which is annexed to the Writ Petition. It is clear that the
Petitioner had failed to take proper care and caution in this case in
cashew grafting and seedlings in spite of all the monetary and technical
assistance were provided to him. It shows his gross negligence in duty
which caused financial loss to the Corporation.
10. In view of the aforesaid discussion, this Court is not inclined to
entertain the prayer of the Petitioner.
11. This Writ Petition is dismissed, accordingly.
12. Interim order, if any, passed earlier stands vacated.
(Dr. S.K. Panigrahi)
Judge
Orissa High Court, Cuttack,
Dated the 25th June, 2024/
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:34:14
