Benudhar Nayak vs State Of Odisha And Others .... Opposite ...
2024 Latest Caselaw 16763 Ori

Orissa High Court

Benudhar Nayak vs State Of Odisha And Others .... Opposite ... on 18 November, 2024

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 20-Nov-2024 10:19:59
                                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                W.P.(C ) No.13341 of 2022


                               Benudhar Nayak                            ....         Petitioner
                                                                       Mr.B.Mohanty, Advocate


                                                            -versus-


                               State of Odisha and others                 .... Opposite Parties
                                                                          Mr.D.Mohanty, AGA


                                          CORAM:
                                          SHRI JUSTICE B. P. ROUTRAY

                                                          ORDER

18.11.2024

Order No.

6. 1. The matter is taken up through hybrid mode.

2. Heard Mr.B.Mohanty, learned counsel for the Petitioner and

Mr.D.Mohanty, learned Additional Government Advocate for the State-

Opposite Parties.

3. The Petitioner, who was initially appointed as a Home Guard on

27th September 2006, was terminated from service upon institution of a

criminal case against him on 23rd April 2016.

4. Mr.Mohanty, learned counsel for the Petitioner submits that, after

the trial in the criminal case, he has been acquitted from the charges for

alleged offences under Sections 420/419/494 of the IPC and therefore, he

Signed by: CHITTA RANJAN BISWAL

Location: Orissa High Court, Cuttack Date: 20-Nov-2024 10:19:59 should be reinstated back in the service since no disciplinary action was

proceeded against him. In this regard, he had approached this Court

earlier in W.P.(C) No.4230 of 2022, which was disposed of on 10th

March 2022. After the order of this Court, the appeal of the Petitioner has

been rejected by the Director General of Home Guards vide impugned

order dated 13th May 2022 under Annexure-7, without any valid reason.

5. The service of the Petitioner as a Home Guard from 27th

September 2006 till the date of his termination in 2016 is not disputed.

Further, there is no adverse report made against the Petitioner except the

criminal prosecution instituted against him. The acquittal of the

Petitioner from the criminal charges as per the judgment under

Annexure-3 is also not disputed. When there is no disciplinary

proceeding initiated against the Petitioner and he has been terminated

from the service only for his alleged involvement in a criminal case in

which he has already been acquitted, termination of the Petitioner from

his service is certainly not appealing to the reasons. As such, while

setting aside the impugned order under Annexure-7, which does not

specify the reasons of rejection of the prayer of the Petitioner, this Court

remands the matter to the Director General of Home Guards for

reconsideration of the appeal of the Petitioner for his reinstatement in

Signed by: CHITTA RANJAN BISWAL

Location: Orissa High Court, Cuttack Date: 20-Nov-2024 10:19:59 service, within a period of two months from the date of receipt of

certified copy of this order.

6. The writ petition is accordingly disposed of.

7. Urgent certified copy of this order be granted on proper

application.

(B.P. Routray) Judge

C.R.Biswal